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ApplyThis Separation Agreement (the “Agreement”) is made as of [Effective Date] by and between:
Spouse/Partner A: [Full Name], address: [Address] (“Party A”)
Spouse/Partner B: [Full Name], address: [Address] (“Party B”)
Marriage/Partnership Date (Optional): [Date]
Separation Date: [Date] (the “Separation Date”)
1.1 The Parties intend to live separately and to settle their rights and responsibilities during separation.
1.2 This Agreement is intended to be: ☐ temporary ☐ permanent ☐ incorporated into a court order (if filed).
1.3 The Parties acknowledge they are entering this Agreement voluntarily and without coercion.
2.1 Current residences:
Party A will live at: [Address]
Party B will live at: [Address]
Party A will live at: [Address]
Party B will live at: [Address]
2.2 Household Expenses: [Who pays what; mortgage/rent/utilities].
3.1 Children of the relationship: ☐ None ☐ Yes (list): [Names/DOB].
3.2 Legal Custody/Decision-Making: ☐ joint ☐ Party A ☐ Party B.
3.3 Parenting Time Schedule: [Days/holidays/vacations].
3.4 Child Support: $[Amount] per [month], paid by [Party] to [Party], starting [Date].
3.5 Health Insurance and Expenses: [Coverage + split].
3.6 School and Activities: [Decision process + costs split].
4.1 Spousal support: ☐ none ☐ temporary ☐ ongoing.
4.2 Amount: $[Amount] per [month], paid by [Party] to [Party], starting [Date].
4.3 Duration/termination: [End date/conditions].
5.1 Real Estate: [Home address; who keeps; refinance; sale terms].
5.2 Vehicles: [Who keeps which].
5.3 Bank Accounts/Cash: [Accounts + division].
5.4 Retirement Accounts: [Plans + division; QDRO if needed].
5.5 Personal Property: [Furniture, electronics, valuables].
5.6 Business Interests (If Any): [Describe].
6.1 Debts will be handled as follows:
Mortgage/loan: [Responsibility]
Credit cards: [Responsibility]
Student loans: [Responsibility]
Taxes: [Responsibility]
Other: [List]
Mortgage/loan: [Responsibility]
Credit cards: [Responsibility]
Student loans: [Responsibility]
Taxes: [Responsibility]
Other: [List]
6.2 Each Party will hold the other harmless from debts assigned to them under this Agreement.
7.1 Health insurance: [Coverage].
7.2 Life insurance (optional): [Beneficiaries; obligations].
7.3 Auto/home insurance: [Who maintains].
8.1 Filing status: [Separate/Joint if allowed].
8.2 Dependency exemptions/credits: [Who claims children].
8.3 Tax refunds/liabilities: [Allocation].
9.1 Disputes will be resolved by: ☐ negotiation ☐ mediation ☐ arbitration ☐ court.
9.2 Attorney fees: ☐ each pays own ☐ prevailing party ☐ as ordered.
10.1 Full Disclosure: The Parties believe they have disclosed material assets and debts.
10.2 Amendments: Must be in writing and signed by both Parties.
10.3 Governing Law: [State/Country].
10.4 Severability: If part is unenforceable, the rest remains effective.
Party A: [Full Name]
Date: [Date]
Signature: ___________________________
Party B: [Full Name]
Date: [Date]
Signature: ___________________________
Witness Name: [Name]
Date: [Date]
Signature: ___________________________
State of [State]
County of [County]
On [Date], before me, [Notary Name], personally appeared [Party A Name] and [Party B Name], known to me (or satisfactorily proven) to be the persons whose names are subscribed to this Agreement, and acknowledged that they executed it for the purposes stated.
Notary Public Signature: _______________________
My Commission Expires: _______________________
Notary Seal (if applicable): ___________________
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Frequently asked
A Separation Agreement is a contract between spouses (or partners, depending on local law) that sets the terms of living separately. It can cover property division, debt responsibility, spousal support, child custody and support, and other practical arrangements while separated.
Often yes if it is properly drafted and signed, but enforceability depends on local law and whether it is fair and voluntary. Some courts require specific disclosures or review. This template is a general starting point and may need local adjustments.
Common sections include: separation date, living arrangements, division of assets and debts, bank accounts and bills, support payments, parenting plan, tax issues, and dispute resolution. This template includes optional sections for children and court filing.
Sometimes. Notarization can help with authenticity and may be required in some places. This template includes optional notarization and witness sections.
Sometimes people use separation agreements without filing for divorce, but many use it as a step toward divorce. This template includes both options and can be referenced in later court filings.
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