A common law separation agreement is a legal document that outlines the terms of a separation between two individuals who are not legally married but have been living together as a couple. This agreement can address various aspects of the relationship, including property division, child custody and support, spousal support, and other financial matters.
Key Elements of a Common Law Separation Agreement
Free Marital Separation Agreement – PDF Word – eForms
To create a professional and legally sound common law separation agreement, it is essential to include the following elements:
Identifying Information
Parties: The full names and addresses of both parties involved in the separation.
Date: The date the agreement is executed.
Recital
Purpose: A statement that clearly outlines the intention of the agreement, such as separating their lives while addressing their mutual rights and obligations.
Property Division
Assets and Debts: A detailed list of all assets and debts acquired during the relationship, including real estate, vehicles, bank accounts, investments, and credit Card balances.
Division: The agreed-upon division of assets and debts between the parties. This may involve equal division, a negotiated settlement, or a court-ordered distribution.
Child Custody and Support
Custody: The legal arrangement for custody of any children born during the relationship. This may include sole custody, joint custody, or other arrangements.
Support: The amount of child support to be paid by the non-custodial parent. This amount is typically determined based on factors such as the income of both parents and the needs of the child.
Spousal Support
Eligibility: Whether either party is eligible for spousal support.
Amount: The amount of spousal support to be paid, if applicable. This may be a lump sum payment or ongoing payments.
Debts: Any debts that one party will be solely responsible for paying.
Support: Any other forms of support, such as health insurance or life insurance, that may be provided to either party.
Waiver of Rights
Future Claims: A statement by both parties that they waive any future claims against each other arising from the relationship, except as specifically provided in the agreement.
Attorney’s Fees
Payment: A provision specifying who will be responsible for paying their own attorney’s fees.
Modifications
Amendments: A clause outlining the process for modifying the agreement in the future, such as through a written amendment signed by both parties.
Governing Law
Jurisdiction: The jurisdiction that will govern the agreement, typically the jurisdiction where the parties resided during the relationship.
Signatures
Acknowledgment: Signatures of both parties, along with a declaration that they have read and understood the agreement.
Witness: Signatures of two witnesses to the agreement.
Design Elements for a Professional Common Law Separation Agreement
To create a professional and trustworthy common law separation agreement, consider the following design elements:
Clear and Concise Language: Use simple, straightforward language that is easy to understand. Avoid legal jargon that may confuse the parties.
Consistent Formatting: Use consistent formatting throughout the document, including font size, line spacing, and margins.
Headings and Subheadings: Use headings and subheadings to organize the information and make it easier to navigate.
Numbering and Bullets: Use numbering and bullets to list items, such as assets, debts, and child custody arrangements.
White Space: Use ample white space to improve readability and make the document visually appealing.
Professional Appearance: Choose a professional font and paper that conveys a sense of seriousness and importance.
By carefully considering these elements, you can create a common law separation agreement that is both informative and visually appealing, providing a solid foundation for the parties to move forward with their lives.
