Free Marriage Separation Agreement
When you and your spouse agree to legally separate, you can use a Marriage Separation Agreement to settle how your property, assets, debts and child custody are handled. We'll walk you through creating a Marriage Separation Agreement so you can move ahead.
A Marriage Separation Agreement should be used only when you and your spouse have agreed to all the terms of your separation. It acts as a legal plan for how your property, assets, alimony, payments and more are divided. You can also define child custody terms, including the visitation and child support for your minor children. The Marriage Separation document creates a legal separation between you and your spouse, but it's not a divorce. If you have reached an agreement and want to proceed with a divorce please use a ”Divorce Settlement Agreement instead.
IMPORTANT: Residents of South Dakota and North Carolina should not use this form, as these states do not recognize legal separations.
Use the Marriage Separation Agreement document if:
- You and your spouse have decided to legally separate and agree on how to divide your property and assets.
- You and your spouse are considering a divorce and would like to legally separate prior to a final decision on ending your marriage.
- You are contemplating a legal separation and would like to set preliminary terms for a division of your property.
- You plan to meet with an attorney regarding a legal separation and would like to be prepared with an outline for the division of property and assets.
Related Help Articles
Choosing Legal Separation or Divorce - Common Situations
Legal Separation Before Divorce
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