Marital Separation Agreement

Marital separation is not an easy thing to digest. Although some can deal with situation better than the rest. Others might just collapse from within. The point here was that separation after marriage is a stark reality and those who undergo such circumstances unfortunately have to deal with it. Therefore, if a married couple has decided to get separated, the law allows them to do so, without going all out on divorce. The text below would elucidate a bit more on marital separation agreement.

What is Marital Separation Agreement?

Simply put, marital separation agreement is a legal document, a contract through which a married couple may agree upon a de facto separation by clearly defining the division of assets, liabilities, property, maintenance, custody and visitation issues. This is done between the couple and it is used in later stages if the couple is contemplating a divorce. In cases where children are involved, separation agreement involves temporary arrangements for care, custody and financial support of the children.

Separation Agreement Sample

_________________, hereinafter referred to as "Husband," and _________________, hereinafter referred to as "Wife," hereby agree to the following:

A. Preliminary Matters
1. Husband and Wife were lawfully married on ____________, ______, at ______________ (city), _____ (state), in the County of ________________. Because certain problems have developed between Husband and Wife, they hereby agree to live separately and apart, subject to the terms and conditions as set forth below.
2. Husband and Wife have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement.
3. Husband and Wife have each been advised and counseled by attorneys of their choosing regarding their legal rights as related to this agreement.
4. This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce or dissolution.
5. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to his or her reasonable costs and attorney's fees.

B. Custody and Visitation
The children of this marriage are:
Name
_____________

Date of Birth
_____________

Social Security Number
_____________

The following children will reside with Husband: ____________
The following children will reside with Wife: ____________
The following children will reside jointly with Husband and Wife: ____________
Custody will be shared according to the following schedule: ____________
Husband will have visitation with the children not in his custody according to the following schedule: ____________
Wife will have visitation with the children not in her custody according to the following schedule: ____________

C. Child Support
Husband will pay to Wife the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support.
Wife will pay to Husband the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support.

D. Spousal Support
Husband will pay to Wife the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support.
Wife will pay to Husband the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support.

E. Homestead
Husband / Wife (circle one) will remain in the family home, located at ________________.
Husband's / Wife's (circle one) new address will be ____________
The expenses relating to the family home will be paid by the parties as follows:
Husband will pay:
___________________

Wife will pay:
___________________

F. Other Debt & Expense Payments
Husband agrees to pay the following debts and expenses and will not hold Wife responsible for the same ____________
Wife agrees to pay the following debts and expenses and will not hold Husband responsible for the same: ____________
Neither Husband nor Wife may incur any additional debt that may result in joint liability. Any debt incurred by either party subsequent to this date will be the sole responsibility of that party.

G. Personal Property
The personal property of the parties will be divided as follows:
To Husband:
___________________

To Wife:
___________________

H. Insurance
Husband will maintain life insurance in the amount of $_____________ for the benefit of: ____________
Wife will maintain life insurance in the amount of $_____________ for the benefit of: ____________
Husband will maintain medical and dental insurance for the benefit of: ____________
Wife will maintain medical and dental insurance for the benefit of: ____________

I. Attestation
Agreed to this _______day of ________, ____________.
By
Husband _________ Wife ________ Witnessed by:_____
(Witness or counsel signature)__________ (Witness or counsel signature)__________

[NOTARY PUBLIC MAY AFFIX STAMP HERE]

This is a general format and it may change from one state to another where a couple may be residing. Ultimately, this is not the same as legal separation, rather, this may prove to be helpful in case the couple files for divorce.

At the end of the day, a proper marital separation agreement can help save a lot of headache for the couple if things go till divorce at all. Otherwise, they have to mutually consent to the terms and conditions of the contract. That's it! This is where I sign off! Take Care!