A Legal Separation Agreement is a contract between two parties who want to end their marriage but still live together. This type of agreement is used when spouses cannot agree on issues related to child custody, property division, alimony, and/or visitation rights.
A legal separation agreement form is written to protect both parties from future litigation. How to write a legal separation agreement?
1. Get Legal Advice
If you are going through a divorce, then you should seek legal advice from a lawyer. This is especially true if you have children involved. A good attorney will help you draft a legally binding document that will protect your rights and interests.
2. Draft A List Of Assets
A good place to start would be to create a list of all of your assets. This could include real estate, vehicles, furniture, jewelry, and any other items that you may want to protect. Make sure to include the value of each item.
As a good practice and according to ethics, both spouses have to make a clear mention of the kind of money and assets that they have, in order to make it easier for both of them to take a decision.
3. Include Provisions For Child Custody
You should also consider including provisions for child custody. This means that you will share joint custody of your kids. You will both have equal time with your children. However, this does not mean that you will have to split everything equally. You can decide what percentage of time you spend with your children with the help of separation papers in NC.
In the absence of such an agreement, a civil Court of law will intervene and take decisions on matters of such sensitive nature as this. In that case, either you or your spouse will have little say on the matter and it could be the case that the court will award custody to whichever parent that the law finds suitable to take care of the child in question. Child visitation may or may not be given. However, when you have a proper legal separation agreement in place beforehand, with mutual decision on the matter, you can avoid all issues regarding child custody because the two of you will have arrived at a joint decision regarding the betterment and nurturing of your kid.
4. Include Provisions For Spousal Maintenance
Spousal maintenance is a provision that allows one spouse to receive financial assistance from the other after they separate. Spousal maintenance is usually awarded to women. There are two types of spousal maintenance. One type is temporary maintenance while the other is permanent maintenance.
Temporary maintenance is usually only awarded when there is a history of domestic violence. Permanent maintenance is typically awarded to women who cannot work due to pregnancy or illness.
It is important to note that you can easily find legal separation agreement template forms online, which can be downloaded for free and customized to fit your specific needs. There are sample legal separation agreement templates available at websites online that can easily be downloaded whenever required and tailored for personal use.