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 addresses 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: Indicate that the parties were in a common law relationship and the duration of that relationship.
3. Separation Date: Specify the date on which the parties agreed to separate.
4. Property Division: Detail 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 there are children involved, outline the custody arrangements, including primary custody, visitation schedules, and decision-making authority.
6. Child Support: If child support is applicable, specify the amount, payment terms, and any modifications that may occur.
7. Spousal Support: Determine whether spousal support will be paid and, if so, the amount, duration, and payment terms.
8. Maintenance of Life Insurance: If applicable, require the parties to maintain life insurance policies to protect the interests of children or dependents.
9. Tax Implications: Address any tax consequences related to the property division, child support, or spousal support.
10. Dispute Resolution: Outline the procedure for resolving disputes that may arise in the future, such as mediation or arbitration.
11. No Contest Clause: Include a clause stating that both parties agree to the terms of the agreement and will not contest its validity.
12. Attorney Fees: Specify who is responsible for paying attorney fees associated with the creation and enforcement of the agreement.
13. Entire Agreement Clause: Indicate that the agreement constitutes the entire understanding between the parties and supersedes any prior agreements.
14. Severability Clause: State that if any provision of the agreement is found to be invalid, the remaining provisions will remain enforceable.
15. Merger Clause: Specify that the agreement merges and supersedes any prior negotiations or agreements.
16. Governing Law: Indicate the jurisdiction that will govern the interpretation and enforcement of the agreement.
17. Signatures: Ensure that both parties sign the agreement in the presence of witnesses.
Design Considerations for a Professional Template
To create a professional and trustworthy common law separation agreement template, consider the following design elements:
Clear and Concise Language: Use simple and straightforward language that is easy to understand. Avoid legal jargon that may confuse the parties.
By carefully considering these components and design elements, you can create a professional common law separation agreement template that effectively outlines the terms of the parties’ separation and provides a solid foundation for their future.
