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Sample Nebraska Marital Separation
SEPARATION AGREEMENT
THIS SEPARATION AGREEMENT (the “Agreement”) dated this _____________of _____________, 20___.
BETWEEN:
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______________, _____________,
in the State of Nebraska, _____________
-and-
________________
______________, _____________,
in the State of Nebraska, _____________
- ________________ and ________________ (collectively the ‘Parties’ and individually a ‘Party’) were lawfully married on ______________ _________, ____________________, in ______________, Nebraska. 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:
____________________
_____________ _____________, ____________________
- 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:
______________________________________________
- 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 Nebraska, 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.
- 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.
- 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.
- 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.
- 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 Nebraska 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.
CHILDREN
CHILD CUSTODY
CHILD SUPPORT
SPOUSAL MAINTENANCE
ASSETS
DEBTS
GENERAL PROVISIONS
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.
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ACKNOWLEDGMENT
THE STATE OF NEBRASKA
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 NEBRASKA
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 NEBRASKA
COUNTY OF____________________
I, _______________________________, of the City of ___________________________, in the State of Nebraska, 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 Nebraska 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 NEBRASKA
COUNTY OF____________________
I, _______________________________, of the City of _________________________, in the State of Nebraska, 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 Nebraska 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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Marital Separation Agreement Nebraska
What are your long-term intentions for your marriage? If your marriage was to come to an end, are there factors that affect how you end your union? Can you hit the pause button if your marriage hits the rocks, even for a few months?
In Nebraska, and in all other states, marriages get to the brink of termination every day. However, most married couples like to rethink and look for a less permanent solution as they work things out. In Nebraska, this temporary break is a legal separation. It is one of the two methods of ending traditional marriages.
Legal Separation in Nebraska
In the state of Nebraska, the court orders a legal separation. Functionally, legal separation is the equivalent of a divorce except there is no dissolution of the marriage.
The decree of legal separation addresses matters like child support, custody and visitation, spousal maintenance, and division of assets and debts.
Reasons for Legal Separation
Parties choose legal separation because of different reasons like:
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Philosophical or religious reasons which force couples to be legally separated but still tied to their marriage vows
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Financial reasons
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It may be a temporary step to a divorce if you don’t meet set residency requirements
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Types of Legal Separations in Nebraska
The Nebraska Marital Separation Agreement recognized by case law and the statutes is the permanent legal separation ordered by a judge. Even so, people are still confused about legal separation. This is because you can still explore intermediate steps before the legal separation is decreed. However, you should note that all matters pertaining to property rights only come into effect when you have a court ordered legal separation.
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Informal trial separation
This refers to the situation where spouses choose to live apart for a test/ trial period as they decide whether or not to get a permanent separation or a divorce.
It doesn’t impact the marriage, and all property and income accumulated, as well as the debts incurred are considered marital property. During the trial separation, court orders on financial matters or child custody/ visitation are impossible.
Permanent separation
If you choose to break up permanently, you can ask the court for a permanent legal separation or even a divorce. In this case, all assets received and the debts incurred are separate property or the responsibility of the spouse who incurs them after a permanent separation.
However, all the debts incurred after a physical separation, and before the permanent separation remain joint debts especially if they are incurred for marital necessities like the maintenance of the marital home or for providing for the children. Since there is a lot involved, you should seek the help of a family law attorney.
Separation Maintenance
In the legal separation proceedings, the money awarded for spousal and child support is called separate maintenance, and not alimony or child support.
Your lawyer may also file a motion for temporary relief requesting a temporary order of separate maintenance.
Do You Need a Court Hearing for the Decree of a Legal Separation in Nebraska?
In 2012, the Nebraska Legislature passed a law to allow for decreeing of legal separation by a Nebraska trial court without hearing in two circumstances:
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When both parties waive the requirement of the hearing and when the court has sufficient basis to make a finding that it holds subject matter jurisdiction over the separation, and over both parties.
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When both parties have a certified Marital Separation Agreement in Nebraska. The agreement must state that both parties will live separate lives thereafter.
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Should you agree to legal separation, fill in this Marital Separation Agreement form.
Whether you live in Omaha, Lincoln, Bellevue, Grand Island or any other city of Nebraska, you can use our legal forms easily.
Sample
NE Marital Separation Agreement
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