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No Fault Separation Agreement Template for United States

A No Fault Separation Agreement is a legally binding document used in the United States that allows married couples to formalize their separation without assigning blame to either party. This agreement outlines the terms of living apart, including property division, financial responsibilities, and arrangements for children if applicable. It operates under state-specific family law and can either serve as a stepping stone to divorce or as a long-term arrangement for couples who choose to remain legally married while living separately.

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What is a No Fault Separation Agreement?

A No Fault Separation Agreement is essential for married couples who wish to live apart while maintaining their married status under U.S. law. This document is particularly useful when couples are uncertain about divorce but need legally binding arrangements for their separation. It typically includes provisions for property division, financial support, child custody (if applicable), and ongoing responsibilities of both parties. While not all states recognize legal separation, this agreement can still serve as a contract between parties and can later be converted into divorce terms if needed. The agreement's terms must comply with state-specific family law requirements and can be modified if both parties agree.

What sections should be included in a No Fault Separation Agreement?

1. Parties: Identification of separating spouses and their current addresses

2. Background: Marriage date, separation date, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Current and future living arrangements of both parties

5. Division of Property: Distribution of marital assets and debts

6. Financial Support: Terms of any spousal support/maintenance

7. General Provisions: Governing law, modification terms, severability

What sections are optional to include in a No Fault Separation Agreement?

1. Child Custody and Support: Details of custody arrangements, visitation schedules, and child support calculations when parties have minor children

2. Insurance Provisions: Health, life, and property insurance arrangements including coverage terms and premium responsibilities

3. Tax Provisions: Tax filing status, allocation of dependents, and treatment of various tax deductions and credits

4. Military Benefits: Division of military benefits, pensions, and entitlements for service members

What schedules should be included in a No Fault Separation Agreement?

1. Schedule A - Asset List: Detailed inventory of all marital assets including real property, vehicles, bank accounts, and investments

2. Schedule B - Debt List: Detailed inventory of all marital debts including mortgages, loans, and credit card balances

3. Schedule C - Personal Property Division: Specific allocation of personal property items including furniture, jewelry, and household items

4. Schedule D - Parenting Plan: Detailed custody and visitation schedule including holidays and special occasions

5. Schedule E - Support Calculations: Detailed calculations and worksheets for child and/or spousal support amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use

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