A common law separation agreement is a legal document that outlines the terms of separation for two individuals who have been living together without being married. While not legally married, these individuals may have accumulated joint assets and liabilities during their relationship. A separation agreement can help them navigate these complexities and establish a clear framework for their future.
Key Elements of a Common Law Separation Agreement
Free Separation Agreement Template Form & PDF LawDistrict
A well-crafted common law separation agreement should include the following essential elements:
Identification of the Parties
Full Names: Clearly state the full legal names of both parties involved in the separation.
Addresses: Provide their current addresses to establish jurisdiction and ensure proper communication.
Declaration of Common Law Relationship
Duration: Specify the approximate duration of the common law relationship.
Nature of Relationship: Describe the nature of the relationship, including any cohabitation arrangements or shared responsibilities.
Custody and Support Arrangements
Children (if applicable): If there are children involved, address custody, visitation, and child support arrangements.
Child Support Calculations: Provide a clear method for calculating child support payments, such as using a standard child support formula or agreed-upon terms.
Property Division
Joint Assets: Identify all joint assets, including real estate, vehicles, bank accounts, investments, and retirement accounts.
Division of Assets: Outline how these assets will be divided between the parties. Consider factors such as contributions to the assets, the length of the relationship, and the needs of each party.
Debts: Address any joint debts and determine how they will be divided or repaid.
Spousal Support (if applicable)
Eligibility: Determine if either party is eligible for spousal support based on factors such as income, earning capacity, and the length of the relationship.
Amount and Duration: Specify the amount of spousal support, if applicable, and the duration of the payments.
Financial Disclosure
Financial Statements: Require both parties to provide complete financial statements, including income tax returns, bank statements, and asset valuations.
Disclosure of Assets and Debts: Ensure that all assets and debts are disclosed accurately and honestly.
Waiver of Future Claims
Mutual Release: Include a mutual release clause whereby both parties waive any future claims against each other arising from the relationship, except as specifically provided for in the agreement.
Mediation or Arbitration Clause
Dispute Resolution: Consider including a clause that specifies a method for resolving any disputes that may arise in the future, such as mediation or arbitration.
Attorney Fees
Allocation of Fees: Address the allocation of attorney fees associated with the preparation and negotiation of the agreement.
No Contest Clause
Finality: Include a no-contest clause that prevents either party from challenging the validity of the agreement in court.
Severability Clause
Enforceability: Ensure that if any provision of the agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Choice of Law
Governing Law: Specify the governing law that will apply to the interpretation and enforcement of the agreement.
Signatures
Acknowledgment: Both parties should sign the agreement in the presence of a notary public to acknowledge its validity and enforceability.
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 plain, straightforward language that is easy to understand. Avoid legal jargon or technical terms that may confuse the parties.
Consistent Formatting: Maintain consistent formatting throughout the document, including font size, line spacing, and margins.
Headings and Subheadings: Use headings and subheadings to organize the content and make it easier to navigate.
White Space: Incorporate sufficient white space to improve readability and make the document visually appealing.
Professional Layout: Choose a professional layout that is clean, modern, and easy on the eyes.
Logo or Letterhead (Optional): If applicable, include a logo or letterhead to add a professional touch.
By carefully considering these elements, you can create a common law separation agreement template that is both informative and visually appealing, providing a solid foundation for a successful separation.
