Find the right lawyer now

Separation Agreement with Children

Find a Local Family Lawyer near You

What Is a Separation Agreement?

After a legal separation, a husband and wife may enter into a legal contract called a separation agreement. A separation agreement deals with the division of assets and liabilities. Commonly, these agreements settle issues involving:

If I Have Children, Should They Be Included in the Separation Agreement?

Matters involving children can be included in the separation agreement. It may actually be in the best interest to include a section regarding children because it can reduce confusion or arguments between the parents.

What Should Be Included in the Children Section of the Agreement?

Each separation agreement is specific and unique for every family, but typically, this section includes the following:

Basic information about the child:

  • Name of the child
  • Age of the child/ Date of birth
  • The child’s Social Security Number
  • Emancipation event and date of any child, if necessary

Child Support:

  • Amount of payment
  • Duration of payment
  • Time of payment
  • Listing of emancipation events and any effect this will have on child support

Child Custody and Visitation:

  • Type of child custody (sole or joint custody)
  • The parent each child will reside with
  • Restrictions on the change of residence by spouse with custody
  • Parental rights and joint decisions on educational and major medical matters
  • Visitation rights and schedule

Should I Get an Attorney to Help Me Draft the Separation Agreement?

Yes, a separation agreement is critical to protecting your rights and a poorly drafted agreement could result in lost custody or seeing your children less than you would like. An experienced family law attorney can special tailor an agreement for all your needs and help you draft a separation agreement that is right for you.

Photo of page author Jessica Tran

, LegalMatch Legal Writer

Last Modified: 06-24-2018 06:39 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.