An informal separation agreement is a legally binding contract between two spouses who intend to separate but not immediately divorce. This document outlines the terms of the separation, including financial arrangements, child custody, and visitation rights. While it may seem less formal than a traditional divorce agreement, it’s crucial to approach the creation of this document with the same level of care and attention to detail.
Key Elements of an Informal Separation Agreement
Free Separation Agreement Template & FAQs – Rocket Lawyer UK
A well-crafted informal separation agreement should include the following essential elements:
1. Preamble
Parties Involved: Clearly identify the full legal names of both spouses.
Purpose: State the purpose of the agreement, which is to establish the terms of separation while remaining legally married.
Effective Date: Specify the date on which the separation will commence.
2. Separation
Physical Separation: Clearly outline the living arrangements for both spouses, including separate residences.
Marital Status: Affirm that the parties intend to live separate and apart, but do not intend to reconcile.
3. Financial Arrangements
Spousal Support: Detail any spousal support payments, including the amount, duration, and payment schedule.
Child Support: Outline child support obligations, including the amount, duration, and payment method.
Division of Property: Specify how marital property will be divided, including real estate, vehicles, and personal belongings.
Debt Allocation: Determine how marital debts will be divided and who is responsible for each debt.
4. Child Custody and Visitation
Legal Custody: Specify which parent will have the legal authority to make major decisions regarding the child’s welfare.
Physical Custody: Detail the physical custody arrangement, including the time each parent will spend with the child.
Visitation Schedule: Outline a detailed visitation schedule, including specific dates and times.
Decision-Making: Establish guidelines for making joint decisions regarding the child’s education, healthcare, and extracurricular activities.
Mediation: Specify whether the parties agree to mediate any disputes that may arise.
Arbitration: Outline the process for resolving disputes through arbitration, including the selection of an arbitrator and the applicable rules.
6. Legal Fees
Fee Allocation: Determine how legal fees will be allocated between the parties.
7. Modification
Modification Clause: Include a clause that allows for modification of the agreement under certain circumstances, such as a significant change in financial circumstances or the needs of the child.
8. Entire Agreement
Integration Clause: State that this agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.
9. Waiver of Rights
Waiver Clause: Include a clause where both parties waive their rights to seek additional spousal support, property division, or other remedies.
10. Governing Law
Choice of Law: Specify the state or jurisdiction whose laws will govern the interpretation and enforcement of the agreement.
11. Severability
Severability Clause: Include a clause stating that if any provision of the agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
12. Signatures
Signatures: Both parties must sign the agreement in the presence of a notary public.
Designing a Professional Template
To create a professional informal separation agreement template, consider the following design elements:
Font: Choose a clear and legible font like Times New Roman or Arial.
Font Size: Use a font size that is easy to read, such as 12-point font.
Line Spacing: Use 1.5-line spacing to enhance readability.
Margins: Maintain consistent margins on all sides of the document.
Headings: Use clear and concise headings to organize the content.
Formatting: Use bold, italics, and underlining to emphasize important information.
White Space: Utilize white space to improve the overall appearance of the document.
To integrate this template into a WordPress website, consider the following:
Page Builder: Use a page builder like Elementor or Divi to create a visually appealing layout.
PDF Plugin: Utilize a PDF plugin to allow users to download the template as a PDF.
Customization: Provide options for users to customize the template with their specific information.
By following these guidelines, you can create a professional and effective informal separation agreement template that protects the interests of both parties.
