Key Considerations When Drafting a Separation Agreement: Best Practices
This Separation Agreement template outlines the terms for married parties who wish to live separately. It covers key aspects such as the date of separation, child custody and support, division of property and liabilities, spousal support, health insurance arrangements, and tax responsibilities. The agreement aims to define the rights and obligations of each party during their separation period.
SEPARATION AGREEMENT
This Separation Agreement (hereinafter referred to as the "Agreement") is made and effective [date of agreement](the “Effective Date”),
BY AND BETWEEN: | [the first party], with an address of [address of the marital residence], hereinafter referred to as the “First Party”. |
AND: | [the second party], with an address of [address of the marital residence], hereinafter referred to as the “Second Party”, collectively referred to as the “Parties”. |
Recitals:
WHEREAS, the Parties are married to each other and wish to live separately and apart; and
WHEREAS, the Parties desire to set forth their respective rights, duties, and obligations during the period of separation;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the Parties hereby agree as follows:
Separation
The Parties shall live separately and apart from each other effective [date of agreement]. [[party to whom the residence is given] shall have exclusive possession of the marital residence located at [address of the marital residence]
Child Custody and Support (Optional: Include this section if applicable)
The Parties shall share joint legal custody of their children, with primary physical custody awarded to [custodial parent]. The Parties shall agree on a reasonable visitation schedule for the non-custodial parent. Child support shall be paid by [non-custodial parent] to [custodial parent] in accordance with the applicable laws of .
Property Division
The Parties have disclosed all their assets and liabilities to each other. The Parties agree to the following division of their property:
List of assets and their allocation to each Party.
List of liabilities and their allocation to each Party.
Spousal Support [optional: include this section if applicable]
The Parties agree to the following terms for spousal support:
____________________________________ Specify the amount and duration of spousal support, if applicable.
Changing Spousal Support: Spousal support can be changed if:
a. [specify when it can be changed, e.g., if one party´s income significantly changes or if there are other substantial changes in circumstances]
b. [describe how changes will be discussed and decided e.g., through negotiation or mediation.]
Ending Spousal Support: Spousal support will end if:
a. [(specify when it will end, e.g., upon the remarriage of the receiving party or other specific conditions]
b. [explain how the other party will be notified, and specify the date when it will end]
Debts and Obligations
Each Party shall be responsible for their respective debts and obligations incurred before or during the marriage.
Health Insurance
[description].
[specify the arrangements fot health insurance coverage for the children and/or the parties].
Taxes
The Parties shall file separate tax returns.
[description].
Specify any agreements regarding the allocation of tax refunds or liabilities.
Miscellaneous
[description].
Miscellaneous section to include any other relevant terms or provisions.
Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of [GOVERNING LAWS].
Entire Agreement
This Agreement constitutes the entire understanding between the Parties concerning their separation.
This is a preview. The full template is free on GitLaw.
5.0 out of 5 on Google
Read reviewsAs seen in
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.