Trial Separation Agreement Template

Trial separation agreement template – In recent decades, 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. Needless to say, the chance of doing your own separation agreement is that you may not have sufficient knowledge of your state’s domestic relations laws, and thus wind up getting an agreement that can’t withstand a legal challenge by one of the parties if this should happen.

However, there are a few simple 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 any marital arrangement must share with each other full and complete financial information. If a single party withholds material information regarding income, assets, liabilities or other financial issues, they may be deemed to have violated his or fiduciary responsibility to the other. Accordingly, before the implementation of a property settlement agreement, each party must provide the other with a complete, written disclosure of all relevant financial issues.

Additionally, it is important that neither party be exposed to undue pressure. This means that both the husband and the wife must be given ample opportunity to consider the proposed terms and conditions, and that there’s an opportunity to engage in negotiation regarding the agreement. Even if lawyers are not retained, both parties should admit 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 issues (equitable distribution or community property division), the issue of child support is often 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 to a separation agreement subsequently alleges that the separation agreement provides for inadequate support or a significant change in circumstances occurs after the separation agreement was signed. Have a look the sample of trial separation agreement template below at the attachment page.


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