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Marital Separation Agreements

A marital separation agreement is an agreement between you and your spouse that can last through several years and will determine your rights and responsibilities about your marriage. You and your spouse can change the agreement at a later date if both of you agree to the changes. A marital separation agreement is not a divorce and does not legally end a marriage.

We offer you attorney-drafted marital separation agreements for couples with and without children.

When you initially fill out 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. Marital separation agreements are recognized in all states.

Our marital separation agreements were last reviewed and updated in 2008 by a licensed attorney.

If you live in California, click here.


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Why is it Important to Have a 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, to protect 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 fill out their own separation agreement without the help of a lawyer. However, in some situations it may be wise to consult with an attorney or have them review your agreement if you have a complex situation.

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 basics of your marital separation agreement before your visit. You will be better informed, well prepared and you could save a considerable amount of money in legal fees.


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

  • Spousal support
  • Division of property
  • Health insurance
  • Financial obligations
  • Responsibility for debts
  • Pension plans / retirement accounts
  • Financial assets and tax returns
  • Child visitation
  • Custody of children and support

To make filling out your agreement easier we have included built in instructions filled out by a licensed attorney. These easy to follow instructions will help you successfully fill out your marital separation agreement. You will also receive these additional forms with your separation agreement at no extra charge:

Property Inventory Sheets

Detailed, easy-to-use inventory sheets for all personal and business property that needs to be divided between you and your spouse. These inventory sheets will save time and limit your chances of forgetting important items and property under normally stressful circumstances.

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 free.

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 usable on almost any computer. No special software or installation is needed. Fill out and edit as easily as you would most other forms.

Fast and easy checkout, forms are available for immediate download after ordering. Free technical support is available 7 days a week should you need help accessing your forms.

Temporary Guardianship Form
(with agreement for children only)

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 time period.

Child Visitation Schedule
(with agreement for children only)

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

Our marital separation agreements were last updated in February 2008
by a licensed attorney.

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