Various names of separation agreement
A Separation agreement otherwise is known as: Marriage Separation Agreement, Marital Settlement Agreement, Separation Papers, Divorce Agreement, Legal Separation Papers.
What is a separation agreement?
A Separation agreement is a document that two persons in a marriage voluntarily sign not involving the court. This document is used to divide their responsibilities and assets when getting ready for divorce or separation.
It includes terms to divide child support and child custody, spousal support, parental responsibilities, property, debts and other financial and family aspects that you and your spouse or partner may wish to divide or allocate.
A separation agreement can be considered by the presiding judge in the final divorce judgment or may be submitted to the court prior to the divorce proceedings.
When should be used a separation agreement?
Separation agreement is generally used in three situations:
- A married couple are not ready to divorce and has decided to separate for the time being. They wish to live apart temporarily, though, would like to continue their marriage. They choose to make a separation agreement in order to document when they started to live on their own and so that they can divide their financial and family duties during the time they are separated.
- A married couple made a decision to divorce and already know how they desire their properties, assets, debts and responsibilities for their children to be allocated. Rather having a court decide what each spouse’s liabilities will be upon the end of the relationship, they choose to make a separation agreement. The separation agreement is typically presented to the court to be part of the divorce decree
- A separation agreement can also be used if a married couple would like to live apart and separate permanently, but keep their legal relationship status of being a married couple.
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What is the difference between divorce and separation?
When a married couple has received a divorce judgment, it is called divorce. The two persons are no longer married and are not considered to be a husband or a wife to their ex-spouse/partner.
Couples often use a separation agreement when they have already, mutually agreed upon division of their custody of any children and marital property. Couples who are preparing to file for a divorce, they make separation agreement at first place.
Separation is when you and your spouse are lawfully married but are no longer engaged in a marital relationship. You may either intend to remain separated, reconcile or ultimately divorce.
Often, separated couples use separation agreements to make clear which partner is responsible for what and who will be the primary caretaker of the children (if applicable).
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What does live apart and separately mean?
Whether or not you and your spouse/partner are considered to be separated depends on jurisdiction and your situation. Living apart and separate does not automatically mean that each spouse/partner has to live at a different residence. Frequently, a couple will go on living in the same home due to financial reasons or for the sake of children, though, they regard themselves to be separated.
Below you can download free template of separation agreement: