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Doesn’t a separation agreement make a divorce easier?

When separation agreements became common, there was some concern that a postnuptial agreement would promote a divorce, in that any lowering or elimination of barriers would encourage divorce. This concern is still raised in some circles of legal reform.

Divorces may become "easier" with a separation agreement, in that tensions and arguments tend to be reduced, but that doesn’t mean that the divorce itself is encouraged. The reduction of tensions in a divorce is beneficial. Years of existence of fault and no-fault divorce have shown that if people want to get a divorce, they will get one, with little regard for any impediments.

Be aware that some judges will still scrutinize a separation agreement with an eye toward any "promotion" of divorce. If it appears that the separation agreement was negotiated and signed while your marriage was still "viable," you may raise the judge’s eyebrows and he or she will question if the separation should take place.