Divorce Separation Agreement Template

Divorce separation agreement template – In recent years, increasing numbers of people opted to draft their own separation agreement (also sometimes referred to as a property settlement agreement or marital settlement agreement) without hiring a lawyer. By keeping lawyers out of this process, couples can retain more control over their own affairs and save thousands of dollars on legal fees. Of course, the risk of doing your own separation agreement is that you may not have sufficient knowledge of your state’s domestic relations laws, and so end up with an agreement that cannot withstand a legal challenge by one of the parties if this should happen.

But, there are some simple legal attorneys related to legal separation arrangements which apply in virtually all 50 states. Perhaps the main principal is the requirement of financial disclosure. This means that both parties to any marital agreement must share with each other full and complete financial information. If one party withholds material information regarding income, assets, liabilities or other financial issues, he or she may be deemed to have violated his or fiduciary responsibility to another. Accordingly, before the implementation of a property settlement agreement, each party must offer the other with a complete, written disclosure of all relevant financial matters.

In addition, it is important that neither party be subjected to undue pressure. This means that both the husband and the wife must be given ample opportunity to take into account the proposed terms and conditions, and that there is an opportunity to engage in negotiation concerning the agreement. Even if lawyers are not kept, both parties should acknowledge in the body of the agreement he or she is aware of the opportunity to retain independent legal counsel and has voluntarily elected to proceed without an attorney.

While courts generally enforce the provisions of separation agreements which address property matters (equitable distribution or community property division), the issue of child care is often treated differently. In most states, an arrangement between parents regarding child support is subject to subsequent modification by a court. This most frequently arises when a party into a separation agreement subsequently alleges that the separation agreement provides for inadequate support or a substantial change in circumstances occurs after the separation agreement was signed. Take a look the sample of divorce separation agreement template below at the attachment page.


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