A marital separation agreement is a legal agreement between a husband and a wife that can last through a number of years and will determine your rights, obligations, and responsibilities concerning your marriage.

You and your spouse can amend the agreement at a later date if you both agree to the changes.

When you initially execute a marital separation agreement you normally do not have to file the separation agreement with the court to be effective. However, you should check about rules governing separation agreement filings to make sure your state laws have not changed.

Why is it Important to Have an Actual Written Agreement?

A marital separation agreement can be important to have for several reasons. First, it is helpful if you need to provide evidence to the court about the date that you separated. Second, a separation agreement leaves no doubt about the specifics of your marriage relationship and how you would like your property divided as well as how you wish to settle issues of child custody/support, spousal support, responsibility for debts, taxes, and other important issues.

Finally, for the protection of both parties, it is better to have a clear written agreement rather than rely on verbal agreements.

Do I Need a Lawyer to Write a
Marital Separation Agreement?

No, couples may draft their own separation agreements without the assistance of a lawyer. However, in some situations it may be wise to consult an attorney or have them review your agreement.

According to the Family Legal Advisor: "The law has generally maintained that if you and your spouse are actually separated, and you no longer live together as husband and wife, any agreement you make with each other that is fair, and that provides for the support of the wife, is legal and binding".

Even if you are planning on using an attorney, experts suggest at least putting together the basic framework for your separation agreement before your visit. You will be well informed, better prepared, and you could save yourself a considerable amount of money in legal fees.

Our attorney-drafted marital separation agreements are well-written, self-instructive forms that you can edit and personalize to your needs. These easy-to-use agreements cover the following topics:

• Spousal support
• Division of property
• Health insurance
• Separate property prior to marriage
• Financial obligations
• Pension plans / retirement accounts
• Income tax issues
• Custody of children if applicable
• Child support payments and guidelines
• Responsibility for debts
• Financial assets and tax returns
• Visitation & more

To make filling out your agreement easier we have included sample marital separation agreements completely filled out by our attorney. These sample agreements are identical to the ones you will be receiving and will give you a clear example of what a completed agreement looks like.

You will also receive the following additional forms with your separation agreement at no additional charge:

Temporary Guardianship Form

This temporary guardianship form is a power of attorney form to give another adult the temporary guardianship over one's minor child or children for a specific length of time.

A Parenting Plan Schedule for Children

A sample parenting plan visitation schedule for your children.
This professional attorney-drafted schedule will save you time, money, and stress when scheduling which parent your children will stay with and on what days.

Property Inventory Sheets

Detailed easy-to-use inventory sheets for all personal and business property that needs to be divided up and property that was owned prior to marriage. These inventory sheets will save time and limit your chances of forgetting important items and property under normally stressful circumstances.

Our marital separation agreements were last updated in February 2007 by a licensed attorney.

An Attorney-Drafted Fact Sheet With
Commonly Asked Questions

This fact sheet will answer some of the questions you might have about separation, child support, and the courts. This fact sheet also contains general guidelines for child support and links to web sites where you can access state specific calculators for free.

Your complete package can be downloaded quickly and easily.
Free technical support is available if you have any problems downloading the forms.

You do not have to fill out your separation agreement online. You may fill out your separation agreement in the privacy of your own home. All your information remains private and confidential.

Your forms will come in a rich text format which is widely readable and usable on almost any computer. No special software or installation is needed. Fill out and edit as easily as you would most other forms.

1)  Attorney-drafted agreements  2)  Payment made on secure servers  3)  Major credit cards accepted  4)  100% money back guarantee