-A Marital Separation Agreement (MSA) is a binding legal document, that outlines how you and your marital partner will divide your financial and family responsibilities while living separately. Whether or not your state recognizes “Legal Separation” as a distinct marital status, separating spouses can and do enter into a Marital Separation Agreement, that when signed by both parties is a legal contract. Couples often separate prior to or during divorce proceedings but are still “legally married” under the law, and therefore still retain marital rights and are bound by marital obligations, that do not just disappear because you’ve decided to live separately and apart.
Family Law varies from state to state. Your state may or may not recognize “Legally Separated” as a legal marital status, distinct from “Married” and “Divorce.” (Georgia, Florida, Louisiana, Delaware, Pennsylvania, Mississippi and Texas do not), but in every state a Marital Separation Agreement signed by both parties, is legal and binding under contract law.
A Legal Separation Agreement can be executed before or after separating, and before or after filing for divorce—even if you’re still living together. Once separated, a married couple can reconcile, proceed to divorce, or remain separated temporarily or permanently. In any and all cases, it is very important to create a Marital Separation Agreement. Why? As a way to avoid all of the things that can go wrong if you don’t have one in place, to protect yourself and your family.
A Marital Separation Agreement allows you to have a say on how your rights and obligations will be allocated, instead of having a court dictate it all to you. The Agreement typically outlines the allocation of marital property, assets, debts, child custody, parental responsibilities, child and spousal support (if applicable). You don’t have to file the MSA with the Court in order for it to be effective. Simply draft your Agreement document, sign, notarize and keep a safe copy.
Verbal agreements are unreliable and not enforceable, whereas a Separation Agreement is a written contract that clearly documents the terms of your Marital Separation. Also, in some jurisdictions, Legal Separation and any applicable waiting periods may be mandated and required before you can file your divorce in Court. A Marital Separation Agreement can be used as evidence to the Court of exactly when you and your spouse began living separately.
What happens with a Legal Separation Agreement when you go to divorce Court? If both parties are agreeable, some or all of the Agreement can be considered or included in the Court’s final divorce judgement and makes yours an “uncontested” divorce. An “uncontested” divorce is when the parties agree on most or all of the terms of the Agreement and that tends to streamline the divorce process. The Court nearly always approves the Agreement, as long the judge deems the content and stipulations to be fair and reasonable, and in the best interests of any children (if applicable).
Marital Separation Agreement is available for free at Forms.Legal with a trial subscription. Sign up to create an unlimited number and kinds of custom legal forms for all of your legal needs. If you need more time beyond the one-week trial, select a pro subscription.
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Sample Marital Separation Agreement
SEPARATION AGREEMENT
THIS SEPARATION AGREEMENT (the "Agreement") dated this _____________of _____________, 20___.
BETWEEN:
________________
______________, _____________,
in the State of _____________, _____________
-and-
________________
______________, _____________,
in the State of _____________, _____________
- ________________ and ________________ (collectively the 'Parties' and individually a 'Party') were lawfully married on ______________ _________, ____________________, in ______________, _____________. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
- The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
- The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
- The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
- The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.
BACKGROUND:
IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
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LIVING SEPARATE AND APART
- The Parties have lived separate and apart since ________________________________. Neither Party will attend the other's living space or work without invitation or approval.
- There is one child of the marriage, namely:
Name:
Date of Birth:
____________________
_____________ _____________, ____________________
CHILD CUSTODY - The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child's best interests. ________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
- The Parties agree that the child will primarily reside with ________________.
- The Parties also agree that ________________ will have the following visitation time with the child:
- Regular visitation schedule:
______________________________________________ - Vacation visitation schedule:
______________________________________________
CHILD SUPPORT - Regular visitation schedule:
- ________________ will pay child support in the amount of $_________ monthly to ________________. Child support payments will commence on ____________ and will be paid on the _____ day of each and every month.
- ________________ will pay a total of $_____________ monthly to ________________ for the child's uninsured health care costs, child care costs, and other additional costs, such as __________________________. Child support payments for these expenses will commence on _______________________ and will be paid on the _____ day of each and every month.
- The Parties agree that each will provide the other copies of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
- ________________ will maintain health insurances, including medical and dental coverage, for the benefit of ____________________.
- Subject to the laws of _____________, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents. SPOUSAL MAINTENANCE
- Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party. ASSETS
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The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
DEBTS - The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
- Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
GENERAL PROVISIONS - The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
- This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
- Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
- The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
- In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
- Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
- This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
- The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
- The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
- This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
- If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
- This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
- The laws of the State of _____________ will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____________of _____________, 20___.
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ACKNOWLEDGMENT
THE STATE OF _____________
COUNTY OF____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________, 20___.
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ACKNOWLEDGMENT
THE STATE OF _____________
COUNTY OF____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________, 20___.
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CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF _____________
COUNTY OF____________________
I, _______________________________, of the City of ___________________________, in the State of _____________, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of _________________, in the State of _____________ this ___day of _________, 20___.
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I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.
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CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF _____________
COUNTY OF____________________
I, _______________________________, of the City of _________________________, in the State of _____________, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of __________________, in the State of _____________ this ___day of _________, 20___.
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I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
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Sample
Marital Separation Agreement
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