When you and your spouse are contemplating on filing for divorce but would like to be legally separated even before a final decision on the divorce is set, then a Separation Agreement Form is what you will be needing to implement said separation.
Separation Agreements are contracts between spouses who have mutually agreed to legally separate and have resolved issues with regard to joint, family or marital assets, and child support or child liabilities. Separation in itself can be a depressing process; spare yourself from the tedious work of having to construct a Separation Agreement by downloading our Agreement Forms.
Free Separation Agreement Form
Legal Separation Agreement Form
Separation Marriage Agreement Form
Blank Separation Agreement Form
Business Separation Agreement Form
Divorce Separation Agreement Form
When Do I Need a Separation Agreement?
Separation Agreement Contracts or Separation Agreement Forms are usually employed when a couple is thinking about filing for divorce but would like to be legally separated prior to any final decisions made, or when a couple is considering legal separation and would like to set terms pertaining to the division of their properties or assets.
Requirements of a Separation Agreement
Separation Agreements are legally binding and must therefore conform to specific rules and requirements. A Separation Agreement has to be a written contract in order for it to be enforceable. Separation Agreements must also contain the signatures of each spouse and should be conducted willfully in the presence of a witness.
Separation Agreements usually do not become null and void when one part of the contract is not met. The general rule for Separation Agreements is that if one term of the agreement is void, only that specific clause becomes void and not the rest of the agreement.
Common Clauses of a Separation Agreement
Spouses who separate need to properly outline the division of roles and responsibilities as well as the division of properties and assets. It is critical that a Separation Agreement be done carefully and properly to avoid disputes and feuds down the road. Below is a list of some of the common clauses included in a Separation Agreement.
One of the major concerns when separating with a spouse is the issue on what to do with a conjugal property such as the marital home. Some couples opt to give full ownership of the property to one party while other couples decide to sell it and split the proceeds. Either way, it is necessary that any type of decision made be indicated in the agreement.
Business and Financial Assets
Business and financial assets cover the amount of money that needs to be settled in order to achieve sole ownership of assets by each party. A Separation Agreement should clearly indicate which party is granted ownership or how much money is needed for settlement.
Employment Separation Agreement Form
Job Separation Agreement Form
Marital Separation Agreement Form
Property Separation Agreement Form
Printable Separation Agreement Form
Another crucial aspect of a Separation Agreement is the issue of child support. Child support is the amount of money being provided by a parent who has the least amount of time spent with a child to the parent who has the most amount of time with the child. Child support is usually given every month and varies according to the amount of income of each parent.
Spousal support, also dubbed maintenance, is the amount of money the other spouse gives to help finance that person’s daily living expenses and is intended to support any financial advantages or disadvantages a spouse may face because of the relationship or the separation. You can apply for Spousal Support on the terms that you were married, you lived together in a marriage-like relationship for at least two years, or you lived together for less than two years but have a child together.
Parental rights is co-related with child support and ensures that both parents will do their best to maintain a good relationship with their children. Parental Rights also covers issues on the custody of the child and the decision of the custody will generally depend on the child’s best interest.
A child’s best interest can also vary according to state and state laws. Some factors that are considered would be the child’s wishes – if the child is old enough, the mental and physical health of the parents, evidence of substance abuse or sex abuse, financial capacity, and the capacity of a parent to provide a stable home environment for the child.
Spousal support, also dubbed maintenance is the amount of money the other spouse gives to help finance that person’s daily living expenses and is intended to support any financial advantages or disadvantages a spouse may face because of the relationship or the separation. You can apply for Spousal Support on the terms that you were married, you lived together in a marriage-like relationship for at least two years, or you lived together for less than two years but have a child together.
In some cases, however, some couples decide to remove their title of husband and wife but still live together. Cohabitation is when a couple chooses to live together and still wish to be treated as a married couple when applying for mortgage or ironing out terms for child support. Cohabitation requires Cohabitation Agreement Forms in order for them to properly set terms, boundaries, and obligations.
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