What Is In a Separation Agreement?Spouses who decide to separate usually enter into an agreement about how they would like to proceed. While each separation agreement is different, most will include the following information:
Parties Involved - Full name and current address of each spouse
- Identification of parties as "husband" and "wife"
- Date and place of marriage
Children Separation Information - Date of separation, with reason for separation
- Purpose of agreement
- Names of attorneys of each spouse
- Statement of consideration for agreement
Spousal Support - Support and maintenance given by each spouse
- Security for obligation
- Support and maintenance provisions
- Waiver by one spouse of all rights and claims for support except as provided by agreement
- Change in amount of support in case of future changes in economic situations
- Effect of remarriage on support
- Effect of death on support
Property and Estates - Statement negating need for division of property, if needed
- Waiver by each party of all rights and interests in property and estate of other
- Waiver by each party of right to administer estate of other, unless stated otherwise in will made after separation agreement
- Disclosure and list of all existing debts
- Agreement by each party not to incur debts that make other spouse liable
- Covenant by each party to accept right of other to own, acquire, manage, alienate, and will property as if unmarried
- Stipulation for preparation and filing of income tax returns
Changes to Agreement - Effect on agreement of future divorce or dissolution of marriage
- Effect on agreement of reconciliation of parties
- Arbitration or mediation of disputes
Confirmation and Signatures - Provision for execution of all instruments necessary to effect agreement
- Number of counterparts of agreement
- Date of agreement
- Signatures of parties
- Approval by attorney for each party
- Acknowledgement by parties, if desired or necessary
Is an Attorney Necessary To Help Draft My Separation Agreement?A broken marriage is an extremely stressful and traumatic event. An experienced family attorney will be sure that the process is as painless as possible. Have your attorney draft a separation agreement or to help review one that is presented to you. |
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