A common law separation agreement is a legal document that outlines the terms of a separation between two individuals who are not legally married. It covers various aspects of their relationship, including property division, child custody, child support, spousal support, and visitation rights.
Key Components of a Common Law Separation Agreement
1. Identification of Parties: Clearly state the full names of both parties involved in the separation.
2. Recital of the Relationship: Briefly describe the nature of the relationship, such as common-law partners or cohabiting individuals.
3. Declaration of Separation: Explicitly declare that the parties are separating and intend to live apart.
4. Property Division: Outline the division of assets and debts acquired during the relationship. This may include real estate, vehicles, bank accounts, investments, and credit Card debt.
5. Child Custody and Visitation: If children are involved, address custody arrangements, visitation schedules, and decision-making responsibilities.
6. Child Support: Determine the amount of child support to be paid and the method of payment.
7. Spousal Support: Specify whether spousal support will be provided and, if so, the amount and duration.
8. Maintenance of the Status Quo: Indicate any temporary arrangements, such as housing or financial support, pending the finalization of the agreement.
9. Waiver of Rights: Both parties should waive any future claims or rights arising from their relationship, except as specifically provided in the agreement.
10. Choice of Law: Specify the governing law that will apply to the interpretation and enforcement of the agreement.
11. Integration Clause: State that this agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.
12. Amendment and Modification: Outline the procedures for amending or modifying the agreement in the future.
13. Attestation: Require both parties to sign and date the agreement in the presence of witnesses.
Design Elements for a Professional Template
Clear and Concise Language: Use plain, understandable language that avoids legal jargon.
Example of a Section Heading and Subheading
Property Division
Real Estate
Describe the division of any real estate owned by the parties.
By following these guidelines and incorporating the essential elements of a common law separation agreement, you can create a professional and legally sound document that addresses the specific needs of your situation. It is highly recommended to consult with a legal professional to ensure that your agreement is comprehensive and enforceable.
