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Zassenhaus
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Reged: 06/06/05
Posts: 3
Can a separation agreement be backdated?
      #16240 - 06/14/05 11:02 AM

My wife has been gone for about eight months, and we would like to write our own "separation agreement" to fulfill New York's requirement that a couple (in an uncontested divorce) be separated for a year before becoming divorced.

Is it possible for us to backdate the separation agreement to, say, last October, even though we might be signing the agreement this July, so that the year-long wait gets over with faster?

Thanks in advance for your replies.


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Spring
Carpal \'Tunnel
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Reged: 06/02/04
Posts: 7972
Re: Can a separation agreement be backdated? [Re: Zassenhaus]
      #16247 - 06/14/05 11:31 AM

My ex and I back dated our agreement. WE had been living seperately under the same roof for a year when we did our seperation agreement. We back dated it to reflect the same. I think as long as the two of you agree on it, it can be written that way. Are you using a lawyer or writing your own?

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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Zassenhaus
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Reged: 06/06/05
Posts: 3
Re: Can a separation agreement be backdated? [Re: Spring]
      #16250 - 06/14/05 11:43 AM

Thanks so much for the prompt and helpful reply! We are not using a lawyer; my wife used an online source to generate a separation agreement, which she sent to me. I did not sign it, because it left a few questions unanswered. I am now revising it, and will send it back to her for her approval.

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Spring
Carpal \'Tunnel
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Reged: 06/02/04
Posts: 7972
Re: Can a separation agreement be backdated? [Re: Zassenhaus]
      #16279 - 06/14/05 01:02 PM

You're welcome :-)

My ex and I did our seperation agreement with a lawyer and our divorce(lol...12 yrs later) on our own and filed it with the courts. We have had a great relationship since our split. I find that if you can leave the lawyers out of it, and be fair to each other, the negative impact is greatly decreased! We have one child together and the coparenting relationship has been excellent.

There is a lot on line to help you both with your agreement. I wish you very much luck and a blissful divorce :-)

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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Zassenhaus
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Reged: 06/06/05
Posts: 3
Re: Can a separation agreement be backdated? [Re: Spring]
      #16713 - 06/15/05 10:09 PM

Wow, 12 years later!

My wife got an Agreement online and mailed it to me. It had a few problems, enough so that I retyped the entire thing during the last week, correcting and clarifying. I am assuming that it will be legally binding, just like the other one, as long as all the appropriate signatures are on it.


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Robert_Nowak
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Reged: 06/04/05
Posts: 54
Loc: Glen Head, NY
Re: Can a separation agreement be backdated? [Re: Zassenhaus]
      #18456 - 06/26/05 06:26 AM

Under no circumstances should you back date an agreement. It will have a false acknowedgement and the notary public could lose his/her license as a notary public.

--------------------
Robert E. Nowak, Esq.
107 Northern Bvd.
Great Neck, NY 11021
516/487-8200


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Invoignindits
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Reged: 04/20/10
Posts: 11
Intro [Re: Robert_Nowak]
      #655905 - 04/26/10 10:42 PM

Hey

Really glad to get into this forum
It's what I am looking for.
Hope to know more member here.


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