What Is a Separation Agreement?
A separation agreement is a contract that a married couple needs to create to address issues before divorcing, such as marital property division, child custody, visitation and support problems, temporary maintenance and post-divorce maintenance. A separation agreement outlines the rights and responsibilities of the parties during the separation and enables for debt and asset division.
How To Make a Separation Agreement
The separation agreement can promote a smoother legal process through divorce as it most often lowers the expenses of court and lawyer, time, and friction between the two spouses, as they have decided who receives what by the moment of the divorce. By having a separation contract agreement, the spouses are able to decide everything and have total control over the outcome of the divorce proceedings.
Moreover, before filing for a legal separation, you have to fulfill first the residency criteria of your state. For legal separation and divorce, the residency requirements are the same. To find out there the residence criteria of your state, examine the divorce laws of your state. Here are easy steps on how to make a separation agreement.
1. Come to an Agreement On All Issues
Issues that should be covered include division of debt, distribution of assets, spousal maintenance or support, child custody, parenting time, and child support. Don't forget to discuss all the issues with lawyers on both parties. If you think you still have questions on your mind, then don't hesitate to ask your lawyer and free to deliver your comments and queries for clarifications.
2. Locate A Separation Agreement
If you can't locate a form produced by your state or local courts, you can use another type of legal agreement and just change it to suit your requirements. The best thing to do is to download and combine 3 or 4 forms to produce a customized contract. You may subscribe to Template.net to avail of easily editable separation marital agreement templates.
3. Fill In The Separation Agreement Form
You don't have to use any unique language when filling in your form, just write in plain English and be as concise as possible. Make your best to fill in the form neatly and visibly.
4. Add Additional Paragraphs
To cover your simple agreement with your spouse, you should feel free to add extra paragraphs to the contract as necessary. Again, there is no need for particular phrases, just write in plain English, and make it as clear and precise as possible.
5. Make A Signature Block
The contracting process requires both parties to sign. Make lines with your typewritten names below for you and your wife to sign. Make sure that you are providing a visible line.
According to a study, it is important that the individuals who sign contracts clarify that they are signing on behalf of a legal entity. This is done by including the word “By” before the signature and indicating the signer’s title underneath his signature.
6. Put A Space For Notary Signature
You want yours and the signatures of your spouse to be notarized, so you need a notary's place to register and stamp or seal the contract.
According to sample analysis, having certain papers notarized is important when disputes are litigated; affidavits, which are sworn statements, will not be considered by a court unless they are notarized.