Informal Separation Agreement Template

An informal separation agreement is a legal document that outlines the terms of a separation between two individuals who are not married. It is typically used when a couple decides to end their relationship but does not want to go through the formal process of divorce. While informal separation agreements are not as legally binding as divorce decrees, they can be helpful in resolving issues related to property division, child custody, and spousal support.

Key Elements of an Informal Separation Agreement

A well-crafted informal separation agreement should include the following elements:

1. Identification of the Parties

Full Names: The full legal names of both parties should be clearly stated at the beginning of the agreement.

Addresses: The current addresses of both parties should be provided.

Contact Information: Include contact information such as phone numbers and email addresses.

2. Recital of Facts

Relationship Status: Briefly describe the nature of the relationship between the parties, such as dating, cohabitation, or common-law marriage.

Reason for Separation: Clearly state the reason for the separation, but avoid using accusatory language.

3. Property Division

Joint Property: List all jointly owned property, such as real estate, vehicles, bank accounts, and investments.

Division of Property: Specify how the jointly owned property will be divided. This can be done through a physical division or by assigning a monetary value to each item and dividing the total value equally.

Personal Property: Address the division of personal belongings that are not jointly owned.

4. Child Custody and Support

Custody Arrangements: If there are children involved, outline the custody arrangements, including physical custody, legal custody, and visitation schedules.

Child Support: If child support is applicable, specify the amount and payment terms.

Child’s Best Interests: Emphasize that the custody and support arrangements are made with the child’s best interests in mind.

5. Spousal Support

Spousal Support Obligations: If spousal support is to be paid, outline the amount, duration, and payment terms.

Factors to Consider: Consider factors such as the length of the relationship, the earning potential of each party, and the standard of living during the relationship.

6. Debt Division

Joint Debts: List all jointly incurred debts, such as credit Card debt, loans, and mortgages.

Debt Division: Specify how the joint debts will be divided.

7. No Fault Separation

Mutual Agreement: Clearly state that the separation is amicable and based on mutual consent.

No Fault Grounds: Avoid assigning blame or fault to either party.

8. Mediation or Arbitration

Dispute Resolution: Consider including a provision for mediation or arbitration to resolve any future disputes that may arise.

9. Attorney’s Fees

Fee Allocation: Specify how attorney’s fees will be paid.

10. Modification and Merger

Future Modifications: Include a provision allowing for future modifications to the agreement if circumstances change significantly.

Merger with Divorce: If the parties decide to get divorced in the future, specify how the terms of the informal separation agreement will be incorporated into the divorce decree.

11. Signatures

Signatures of Parties: Both parties should sign the agreement in the presence of witnesses.

Date: The agreement should be dated.

Design Elements for a Professional Informal Separation Agreement

To convey professionalism and trust, consider the following design elements:

Clear and Concise Language: Use simple, straightforward language that is easy to understand.

Consistent Formatting: Maintain consistent formatting throughout the document, including font, font size, spacing, and margins.

Professional Layout: Use a professional layout that is visually appealing and easy to read.

Headings and Subheadings: Use headings and subheadings to organize the content and make it easier to navigate.

White Space: Use white space effectively to create a clean and uncluttered appearance.

Professional Stationery: If possible, print the agreement on professional stationery with your name or the name of your legal representative.

By following these guidelines, you can create a professional informal separation agreement that effectively addresses the needs of both parties and provides a solid foundation for a peaceful separation.