Unmarried separation agreements are legally binding documents that outline the terms of a separation between unmarried individuals who have been living together. They can cover a wide range of issues, including property division, child custody, child support, and spousal support. While it is always advisable to consult with an attorney to ensure that your agreement is legally sound, creating a well-crafted template can provide a solid foundation for your negotiations.
Essential Elements of an Unmarried Separation Agreement
A comprehensive unmarried separation agreement should include the following elements:
1. Identification of the Parties
Clearly state the full names and addresses of the parties involved in the agreement.
2. Recital of Relationship
Specify the nature of the relationship between the parties, such as “unmarried partners” or “domestic partners.”
3. Agreement to Separate
Express the mutual agreement of the parties to separate and live apart.
4. Property Division
Detail the division of assets and debts acquired during the relationship. This may include real estate, personal property, bank accounts, investments, and credit Card debt.
5. Child Custody and Support
If there are children involved, address child custody arrangements, including physical custody, legal custody, and visitation rights. Also, outline the child support obligations of each party.
6. Spousal Support
If applicable, specify the terms of spousal support, including the amount, duration, and payment schedule.
7. Tax Consequences
Discuss how tax implications will be handled, such as who will claim dependents on tax returns.
8. Attorney Fees
Indicate how attorney fees and court costs will be divided between the parties.
9. Mediation Clause
Consider including a clause that requires the parties to attempt mediation before resorting to litigation in case of disputes.
10. No Contest Clause
A no-contest clause prevents either party from challenging the validity of the agreement in court.
11. Merger Clause
This clause states that the agreement represents the entire understanding between the parties and supersedes any prior agreements.
12. Choice of Law
Specify the state or jurisdiction whose laws will govern the agreement.
13. Severability Clause
This clause ensures that if any part of the agreement is found to be invalid, the remaining provisions will remain enforceable.
14. Governing Law
Clearly state that the agreement is governed by the laws of the chosen jurisdiction.
15. Signature and Date
Both parties must sign and date the agreement to make it legally binding.
Design Considerations for a Professional Unmarried Separation Agreement Template
To create a professional and trustworthy template, consider the following design elements:
Font: Choose a clear and legible font, such as Arial or Times New Roman.
By following these guidelines, you can create a well-crafted unmarried separation agreement template that effectively outlines the terms of your separation and provides a solid foundation for your future.