Healing Separation Agreement Template

Healing separation agreement template – In recent decades, increasing numbers of people opted to draft their own separation agreement (also sometimes called a property settlement agreement or marital settlement agreement) without hiring a lawyer. By keeping lawyers out of the 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 wind up with an agreement that can’t withstand a legal challenge by one of the parties if that should occur.

But, there are a few basic legal principals applicable to legal separation arrangements which apply in virtually all 50 states. Perhaps the most important principal is the need for financial disclosure. This means that both parties to some marital agreement must share with every other full and complete financial information. If one party withholds material information regarding income, assets, liabilities or other financial issues, they may be deemed to have violated his or fiduciary responsibility to another. Accordingly, prior to the implementation of a property settlement agreement, each party must provide the other with a complete, written disclosure of all relevant financial issues.

In addition, it’s important that neither party be exposed 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 a chance to engage in negotiation regarding the agreement. Even if lawyers aren’t retained, 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 lawyer.

While courts generally enforce the conditions of separation agreements that address property issues (equitable distribution and/or community property division), the issue of child support is frequently treated differently. In most states, an agreement between parents regarding child support is subject to subsequent modification by a court. This most often arises when a party into a separation agreement then realised the separation agreement provides for inadequate support or a significant change in circumstances occurs after the separation agreement has been signed. Take a look the sample of healing separation agreement template below at the attachment page.

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