If you are preparing to separate from your spouse, a Separation Agreement can be used to set the terms for a division of assets. Create a Separation Agreement with our step-by-step template editor.
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Would you like your Separation Agreement to be binding, including after divorce?Last Update September 12th, 2024
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Table of Contents:A Separation Agreement is a legal agreement used by 2 people in a marriage who have **decided to separate **while remaining legally married or before they petition for a divorce.
This written contract defines how the following will be allocated:
It also typicall mentions how other shared responsibilities, such as child custody or support, will be split up.
A Separation Agreement is also often referred to as:
Ending a marriage can be a complicated matter, and there are different stages which both parties must go through to complete the process.
| Stage | Separation | Legal Separation | Divorce |
|---|---|---|---|
| Definition | A couple has decided to live apart and remain legally married | A couple lives apart through a court order but remains married | The legal end to a marriage |
| Formality | Informal | Formal | Informal |
| Duration | Can be temporary or permanent | Can be temporary or permanent | Permanent |
| Possibility to Remarry | Parties cannot remarry | Parties cannot remarry | Parties are free to remarry |
If you decide to live apart from your partner, while still remaining legally married, this is known as a “separation” or “trial separation”.
This is an informal agreement between both spouses, and there are no judges or lawyers involved.
If the spouses have not yet decided to divorce, a Temporary Separation Agreement can be used to set the preliminary terms for a division of property and establish the rules of your separation and the rights of each spouse.
If the couple already has the intention to divorce then they are considered to be in a “permanent separation” by the law and a Permanent Separation Agreement can be drafted.
On the other hand, a “legal separation" involves getting a court to approve your separation and to put together an official legal Separation Agreement. This requires filing a petition in family court.
While you will remain married, you won’t be able to marry anyone else until the divorce, but the financial connection you have to your spouse will be terminated.
Finally, a “divorce” officially ends and legally dissolves a marriage. In this case, a court is required to approve this decision and draft an agreement dividing property and settling spouse rights.
There are various situations in which a Separation Agreement can be used.
Whether you’re looking to legally separate from your spouse, seek a divorce, or separate informally, this legally binding document can be used to detail all aspects of a separation.
Here are some of the most common reasons to use a Separation Agreement:
A Separation Agreement includes various key terms, which can differ depending on what responsibilities the married couple wants to outline.
This agreement often addresses many of the same specifications as a divorce decree, such as:
Writing a Separation Agreement is relatively straightforward.
By using LawDistrict’s step-by-step document builder, you can write your own Separation Agreement and then have it reviewed by a lawyer to make certain it meets your state’s requirements.
In certain states, a Separation Agreement must also be filed with the state when seeking legal separation or divorce, and it must be signed by both spouses.
Furthermore, a Separation Agreement must contain the following information for it to be legally valid:
If spouses are living separately and apart, this means they are residing in different locations without any intention to reconcile or resume a marital relationship and have the intention to divorce.
Living separately and apart is also a ground for divorce.
To create your own Separation Agreement template, you will need to determine the terms of the separation with your spouse.
Both parties must also be honest and open about their financial situations.
Once you have finalized these details, you should draw up your document.
The agreement must be in writing, and it must be signed by both parties in the presence of a witness. Once your document is prepared, depending on your state of residence and what type of separation you will be using it for, you may need to file it with a local court.
With our Separation Agreement template, you can quickly create your own form to assist with your legal journey.
It can be difficult to complete a Separation Agreement template without first seeing an example.
Review our sample below before you begin to get a clearer view of what a Separation Agreement looks like and to make the process of writing your own document more simple.