Sample Separation Agreement

Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues. If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations. Your attorney may choose to use the sample agreement as a resource, but will want to draft an agreement specifically tailored to your situation.

Note that if you and your spouse agree on a resolution to all of the main issues in the sample separation agreement prior to meeting with your attorneys, you may pay less in attorney's fees. This might be a possibility in less complicated separations, such as those stemming from a short-term marriage with no children.

This sample agreement should help get you started. Still, some consumers will need to get an actual legal separation agreement customized for their particular state.

SEPARATION AGREEMENT

_________________, hereinafter referred to as "Spouse 1," and _________________, hereinafter referred to as "Spouse 2," hereby agree to the following:

A. Preliminary Matters

1. Spouse 1 and Spouse 2 were lawfully married on ____________, ______, at ______________ (city), _____ (state), in the County of ________________. Because certain problems have developed between Spouse 1 and Spouse 2, they hereby agree to live separately and apart, subject to the terms and conditions as set forth below.

2. Spouse 1 and Spouse 2 have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement.

3. Spouse 1 and Spouse 2 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 their 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 Spouse 1:




The following children will reside with Spouse 2:




The following children will reside jointly with Spouse 1 and Spouse 2:




Custody will be shared according to the following schedule:




Spouse 1 will have visitation with the children not in his custody according to the following schedule:




Spouse 2 will have visitation with the children not in her custody according to the following schedule:




C. Child Support

Spouse 1 will pay to Spouse 2 the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support.

Spouse 2 will pay to Spouse 1 the amount of $_____________ each and every ____________ (week, month, etc.) as and for child support.

D. Spousal Support

Spouse 1 will pay to Spouse 2 the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support.

Spouse 2 will pay to Spouse 1 the amount of $_____________ each and every ____________ (week, month, etc.) as and for spousal support.

E. Homestead

Spouse 1 / Spouse 2 (circle one) will remain in the family home, located at _________________________________________________.

Spouse 1's / Spouse 2's (circle one) new address will be



The expenses relating to the family home will be paid by the parties as follows:

Spouse 1 will pay:
___________________
___________________
___________________
___________________
___________________

Spouse 2 will pay:
___________________
___________________
___________________
___________________
___________________

F. Other Debt & Expense Payments

Spouse 1 agrees to pay the following debts and expenses and will not hold Spouse 2 responsible for the same




Spouse 2 agrees to pay the following debts and expenses and will not hold Spouse 1 responsible for the same:




Neither Spouse 1 nor Spouse 2 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 Spouse 1:
___________________
___________________
___________________
___________________
___________________

To Spouse 2:
___________________
___________________
___________________
___________________
___________________

H. Insurance

Spouse 1 will maintain life insurance in the amount of $_____________ for the benefit of:




Spouse 2 will maintain life insurance in the amount of $_____________ for the benefit of:




Spouse 1 will maintain medical and dental insurance for the benefit of:




Spouse 2 will maintain medical and dental insurance for the benefit of:




I. Attestation

Agreed to this __________ day of _____________, ____________.

By:

Spouse 1 ________________ Spouse 2 ________________
Witnessed by:

___________________________________
(Witness or counsel signature)

_________________________________
(Witness or counsel signature)

[NOTARY PUBLIC MAY AFFIX STAMP HERE]

Get Professional Legal Help with Your Legal Separation

Legal separations can be stressful. Coming to an amicable agreement can be even more stressful. Whether you are contemplating a separation or are ready to take formal steps towards it, understanding the laws of your state is important. A good option in protecting yourself and your property is to contact an experienced family law attorney today.

Next Steps

Contact a qualified divorce attorney to make sure your rights are protected.

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