Separation Agreement by EasyLegalDocs
This is a template for a Separation Agreement, designed for married couples who wish to formalize their separation. It provides a framework to define terms regarding living arrangements, child custody and support, division of property and debts, spousal support, health insurance, and taxes. This document helps parties establish their respective rights and obligations during the period of separation.
SEPARATION AGREEMENT
This Separation Agreement (hereinafter referred to as the "Agreement") is made and effective [effective date] (the “Effective Date”),
BY AND BETWEEN: | [first party name], with an address of [marital residence address], hereinafter referred to as the “First Party”. |
AND: | [second party name], with an address of [marital residence address], 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 [effective date]. [party residence is given to] shall have exclusive possession of the marital residence located at [marital residence address].
Child Custody and Support
The Parties shall share joint legal custody of their children, with primary physical custody awarded to [name of custodial parent] The Parties shall agree on a reasonable visitation schedule for the non-custodial parent. Child support shall be paid by [name of non-custodial parent] to [name of custodial parent] in accordance with the applicable laws of [governing law state].
Property Division
The Parties have disclosed all their assets and liabilities to each other. The Parties agree to the following division of their property:
Spousal Support
The Parties agree to the following terms for spousal support:
____________________________________
Changing Spousal Support: Spousal support can be changed if:
a. ____________________________________
b. ____________________________________
Ending Spousal Support: Spousal support will end if:
a. ____________________________________
b. ____________________________________
Debts and Obligations
Each Party shall be responsible for their respective debts and obligations incurred before or during the marriage.
Health Insurance
______________________________________________________________________________________________________________________________________________________________________________________________.
Taxes
The Parties shall file separate tax returns.
______________________________________________________________________________________________________________________________________________________________________________________________.
Miscellaneous
______________________________________________________________________________________________________________________________________________________________________________________________.
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 law state].
Entire Agreement
This Agreement constitutes the entire understanding between the Parties concerning their separation.
IN WITNESS WHEREOF, the Parties hereto have executed this Separation Agreement as of the date first above written.
First Party | Second Party |
_____________________________ | _____________________________ |
_____________________________ | _____________________________ |
_____________________________ | _____________________________ |
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