Going through a separation is never a good experience for both the separating couple and the separated couples no doubt.
However, if there is a need to separate from your husband or wife then you must be ready for it. Having a separation agreement, and knowing the separation processes is what makes you fully ready for a separation.
And if you are wondering how to write a separation agreement, does a separation agreement have to be filed in court? how to get a sample separation agreement or if it is possible to get a separation agreement before divorce, then you are in the right place.
In this post, I will show you all you need to know about marriage separation agreements and I will also show you some powerful separation agreement templates you can use and do-it-yourself separation agreement techniques.
Let’s get started.
What Is A Separation Agreement?
A separation agreement can be described as an agreement written and signed by you and your spouse without involving the court about how to share your properties, money, and other responsibilities will be shared after separation.
You may not need to draw up a marriage or a marital agreement if you don’t have any property to share, children, or joint debts to share.
The best of it all is that agreement has every detail concerning the ending of your marriage, therefore non of you can have reasons to make financial claims against the other in the future.
The purpose of this agreement is to make sure that you or your partner get fair shares of your relationship during the separation without feeling cheated.
Below are other reasons.
Purpose of Marriage Separation Agreement:-
– When you are not yet ready to divorce:- You can opt for this when you are not yet ready to divorce. Perhaps you and your partner wish that you can get back to each other after the separation and so there is no need to get a divorce yet.
– Religious Believes:- Some religion believes that it is not good to divorce. In this case, you and your partner will just plan to take a break from your relationship instead of getting a legal separation.
How To Draft A Marital Agreement:-
Writing a marital agreement needs a lot of carefulness and if you want it to be legal, you must make sure it covers everything that is also covered in a divorce agreement, including real estate, children custody, debts, and marital properties.
The agreement will aid the separation to run smoothly and also give you the room to focus on yourself and your partner, especially when you are both hoping to reconcile.
When you want to write a perfect agreement for your separation, I suggest you put this into consideration.
You must be natural as you negotiate your standpoint. I said this because I am aware of how easy it is to let your emotions get in the way when you are considering what to add to the marital agreement, mostly when you don’t want the separation at all.
Try to be plain and open about what you want or don’t want. For example, tell your partner what you will want or do not want to compromise on.
Everybody needs to understand that from the onset before the separation.
What To Include In Your Separation Agreement:-
As you write your marital agreement, be free to include whatever you want as long as the two of you are comfortable with it. But there are a few things that are a must to be included for you to have a good separation agreement.