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A marital separation agreement is a legal document that contains the details of how you and your partner will take of the marital finances and the responsibilities of a family when the relationship is terminated. The agreement allocates the things as marital property, assets, debts, and also the support to a spouse, terms of child custody, parental responsibilities and child support.

Most of the couples prefer to separate or during the divorce proceedings. The marital separation is when you and the partner want to live separately and away from each other but are still legally married under the law. The separated couple may take the divorce, remain separated temporarily or permanently or reconcile later on.

The agreement can work as evidence in the court to prove when you and your partner started to live separately and apart. It also contains the terms of the separation. In this way, you have a say on how your rights and responsibilities are going to be allocated. The court decides such matters in the absence of agreement. Verbal agreements are unclear and have no meaning in court. However, a written agreement gives the various details of the separation, the marital finances, and child custody and visitation are also part of the agreement.

Couples don’t decide to separate at-once. Certain circumstances lead to eventual marital separation. When the couple decides to live separately before or during the divorce proceedings, then you may go for a separation agreement. If you want to separate the finances, and family responsibilities or if there is no marital property, no joint finances, no kids, you may not need any separation agreement. However, even then, a marital separation agreement is not a bad idea.

The separation agreement can be executed before or after filing for the divorce. There is no need to file it with the court for it to be effective. Once executed, it becomes a legally binding document in itself.

As the agreement can last for many years, so careful consideration is warranted. Although it is possible to modify or amend the agreement, based on the consent of both the parties, if the matter reaches court, it can also change the separation agreement in the best interest of the children.

When you are going for the agreement, both spouses will want it to be drafted in good faith. It is where the couple needs to consider the guidelines given by the courts. With equitable division, it does not necessarily mean an equal division of the assets and the liabilities. Many other factors also determine what is considered to be equitable. It includes the length of the marriage, incomes of the spouses, their health and age and custody of the children.

When the spouse agrees on the spousal support or child support, the details can be a part of the divorce agreement later on. In a contested divorce, the respondent part disputes on the various issues in the agreement. However, in an uncontested divorce, there is an agreement on significant issues.

When the marital separation is drafted in good faith, or there is an agreement on the majority of issues, it leads to an uncontested divorce. Forms.Legal allows you to create marital separation agreement online, “It is the best site for agreements, deeds and other legal forms”, said a user.

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