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Free Template

Separation Agreement

2 signers
1 Spouse 1
2 Spouse 2
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Settle Amicably With This Separation Agreement Template

This separation agreement template can help couples who are separating amicably settle issues such as financial matters, child custody, and spousal support. By filling in the blank spaces and customizing the language to fit your specific situation, you and your partner can come to a mutually agreeable resolution without involving costly divorce proceedings.
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Separation agreement template for couples looking to break up amicably
The harsh reality is that separations are hard, even harder, once parties start fighting over who gets what. The principle has been that a person has the right to choose what they want to keep, but this can quickly devolve into fighting and resentment. Save yourself the trouble by coming to a mutually agreeable resolution with this separation agreement template.
Fill in information about your property and assets, including any real estate, vehicles, bank accounts, investments, furniture, and other belongings. Also, address issues such as debt and credit cards, and outline who is responsible for paying them off. Don’t let emotions get in the way of finding a fair resolution. Use this separation agreement template to start the process of moving on with your lives.

Setting Aside a Separation Agreement

There are several reasons why couples may choose to create a separation agreement rather than get a divorce right away. These can include religious beliefs, wanting to keep healthcare benefits, or simply not being ready for a legal divorce proceeding. A married couple may also wish to maintain their legal relationship status or remain legally married.

A written separation agreement outlines important details such as living arrangements, financial support, and custody of children. It also serves as a legally binding document in the event that one spouse tries to go back on their word or make changes without the other’s consent.

If you’re in the process of breaking up with one another but have no idea how to go forward with a divorce, you might consider separation as a way of preparation for a no-fault divorce. It can help determine the amount of time separation takes. It’s generally advisable that a person’s thoughts or demands are put together in a comprehensive separation agreement.

Key Components of a Separation Agreement Template

Learn what goes into being legally separated, why you might need one when you and your spouse have decided to live separate and apart, and how to get help creating an agreement.

  • Preliminary matters – when and where the couple was married, their current address and contact information, and the date of separation
  • Living arrangements – who will live in the family home or if it will be sold, any temporary living arrangements for either spouse
  • Child custody, visitation, and support – details on physical and legal custody, visitation schedules, and child support payments
  • Spousal support – detailing any alimony or spousal support payments
  • Insurance coverage – outlining who will maintain health, life, and car insurance coverage
  • Tax filing status – determining if the couple will file taxes jointly or separately in the year of separation
  • Miscellaneous provisions – including non-disparagement clauses
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Living separate and apart

Essentially a separation ticks two boxes: (1) the physical separation with (2) the intention of permanent separation. It can be proved by facts that an individual has separated, and a court needs proof that this separation is to be confirmed.

Unenforceable provisions

A separation agreement may resolve any issue that arises after marriage dissolution. Nevertheless, some of the common provisions regarding child support often sought out by separation agreements are not legally enforced.

Abandonment versus separation

State courts can differentiate between abandonment and legal separation based on the specifics of each case. In fact, the courts have consistently concluded that moving out of a couple’s house and living place will not necessarily mean abandonment. In the case of abandonment, however, one of the parties must have stopped fulfilling their marriage duties and family obligations, which may entail providing financial support or paying marital bills or debts.

Dating while separated

Before a party in a separation can start dating, they must consider numerous factors. There is no crime in having dates just after separation, but unfortunately, adultery remains a crime in some states, with it usually being used as grounds for divorce. Also, dating may influence the decision regarding custody and visitation of children.

FAQ About This Separation Agreement Template

Separation agreements are legally binding contracts that outline the responsibilities of both spouses and settle matters between spouses intending or separated. These agreements can cover issues such as child custody and support.
No, a separation agreement is not the same as a divorce decree. A separation agreement is signed by both spouses during the period of separation to settle matters between them before they file for divorce.
Separation may be advantageous to marriage, depending upon the circumstances. Separation is often a way to deal with individual issues before settling into another relationship. According to statistics, 80% of marital separation ends in divorce.
One disadvantage of a legal separation is the added legal fees, as it involves drafting and filing a separation agreement and possibly hiring separate attorneys to negotiate terms. Additionally, there may be an emotional and psychological strain on both parties during the period of separation. Finally, some states do not recognize legal separation and instead consider spouses just as separated but still married in terms of marital status until they get a final divorce judgment.
While it is possible to draft your own marital settlement agreement, it is often advisable to consult with a lawyer to ensure that all necessary terms and conditions are included and legally enforceable. Additionally, a lawyer can offer guidance on state-specific laws and requirements for such agreements.

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