Free Marital Separation Agreement Template
Marital Separation Agreement
1. Introduction
Parties:
This Marital Separation Agreement ("Agreement") is entered into on [Date], between [Your Name], hereinafter referred to as "Husband," and [Name of Wife], hereinafter referred to as "Wife."
Date of Marriage: The parties were married on [Date of Marriage].
Intent to Separate:
The parties intend to live separate and apart from each other, and this Agreement shall govern their rights and obligations during such separation.
2. Legal Basis for Separation
2.1 Explanation of Legal Grounds for Separation:
The parties mutually agree to separate based on irreconcilable differences and hereby waive any further requirement for legal grounds for separation.
2.2 Agreement to Live Separate and Apart:
Both parties agree to physically live separately from each other and to maintain separate residences throughout this Agreement.
3. Division of Assets and Liabilities:
3.1 Real Property:
The parties shall equitably divide any real property owned jointly or individually, including the marital home located at [Address], under the laws of the state of [State].
3.2 Personal Property:
All personal property shall be divided equitably between the parties, taking into consideration the needs and circumstances of each party.
3.3 Financial Assets:
The parties shall equitably divide all financial assets, including but not limited to bank accounts, investments, and retirement accounts, under applicable laws and regulations.
3.4 Debts and Liabilities:
The parties shall be responsible for the repayment of any debts and liabilities incurred individually or jointly during the marriage, as agreed upon herein.
4. Child Custody and Support:
4.1 Custody Arrangements:
The parties agree to share joint legal custody of their minor children, [Names of Children], and to make decisions regarding their welfare jointly.
4.2 Visitation Schedule:
A visitation schedule shall be agreed upon by the parties, taking into consideration the best interests of the children.
4.3 Child Support Payments:
Child support payments shall be made by the Husband to the Wife for $800 per month, commencing on [Date], and continuing until each child reaches the age of majority or becomes emancipated.
5. Spousal Support/Alimony:
5.1 Duration and Amount of Support:
Husband shall pay spousal support to Wife for $1,200 per month, commencing on [Date], and continuing for 3 years.
5.2 Terms for Modification or Termination:
The parties agree that the spousal support amount may be modified or terminated upon a substantial change in circumstances or upon the remarriage or cohabitation of the recipient spouse.
6. Insurance and Benefits:
6.1 Health Insurance Coverage:
The parties shall maintain health insurance coverage for the benefit of their minor children, with the costs to be divided equally between them.
6.2 Life Insurance Policies:
Each party shall maintain a life insurance policy with the beneficiary designated as the other party for the benefit of the minor children until they reach the age of majority.
6.3 Other Benefits:
Any other benefits accrued during the marriage shall be divided equitably between the parties, taking into consideration the contributions of each party to the acquisition of such benefits.
7. Miscellaneous Provisions:
7.1 Confidentiality:
The parties agree to keep the terms of this Agreement confidential, except as may be necessary to enforce its provisions or as required by law.
7.2 Dispute Resolution Mechanisms:
Any disputes arising under this Agreement shall be resolved through mediation or arbitration, as agreed upon by the parties, before seeking judicial intervention.
7.3 Governing Law and Jurisdiction:
This Agreement shall be governed by and construed under the laws of the state of [State], and any disputes shall be resolved within the jurisdiction of the courts of [State].
8. Signatures:
Signature of Both Parties:
The parties have executed this Agreement on the date first written above.
[Your Name]
[DATE SIGNED]
[Name of Wife]
[DATE SIGNED]
