Couples who are having marital problems but do not yet wish to divorce should still protect themselves through a legal separation. This Separation Agreement Kit outlines all of the financial arrangements, such as alimony, child support, real estate, debts, personal property and more, to which the couple should agree to in writing, and provides the forms to do so. It also addresses the custody and visitation of minor children and other matters.

It can be a very troubling time for most married couples that wish to separate no matter what the reason. But if you have decided that this is to be, it is wise to put in writing a Separation Agreement. This document states all of the financial arrangements, such as alimony, child support, real estate, debts, personal property and more, to which the couple has agreed to. It also addresses the custody and visitation of minor children and other matters.

The Separation Agreement document covers the following topics:

* Division of debts, bank accounts, investments, life insurance and income taxes

* Real estate, vehicles, household goods and personal property

* Child support, custody, visitation, medical insurance and tax exemptions

* Spousal support (alimony)

As long as the two of you can agree to all these things, it is possible for you to create your Separation Agreement without an attorney. If you cannot agree on all matters, it is advised you seek legal advice

A marital separation agreement, also known as a property settlement agreement, or marital settlement agreement, is a written contract dividing your property, spelling out your rights, as well as settling problems such as alimony and custody. Generally, a Marital Settlement Agreement is drawn up according to the law of the state in which at least one party lives. When executed and witnessed properly, it is an enforceable contract between the parties, but is not in itself an undertaking to become divorced. Most parties ultimately do file for divorce, at which time an Agreement would be "incorporated" into the eventual divorce judgment. This form assumes that you and your spouse may, at a future date, consider filing a divorce and will request that the Agreement be incorporated into the divorce judgment.


After the Agreement is filled out, the two of you will sign it in front of witnesses and a notary. The easiest way to accomplish this is to simply take the finished document to a bank that you do business with. They can supply the witnesses and the notary. You do not need to know the witnesses. Also, since you have an account there, they will probably do it for no cost, or a very modest cost, anyway.

After you have signed it, it is wise to file it with the county court so it is on record.