South Carolina Separation Agreement Forms

Posted: October 8, 2021 in Uncategorized

A separation agreement is a written contract between two spouses who are married but wish to live separately. The agreement outlines the couple`s practical concerns about how their assets, assets, debts and bills should be managed while they are separated. If it comes to real estate, pensions, custody or complex taxes, contact a lawyer or accountant to clarify the tax or legal consequences of your separation agreement. If you can agree on the amount and duration of spousal support and this is fair and appropriate for both parties, it is likely that the same support agreements will be included in your divorce decree. When children are involved, a separation agreement helps determine in detail who should have custody, how often the other parent can attend and whether family allowances are needed. When a spouse ends his or her career to raise children, the separation agreement could also address whether a person should receive spousal assistance or alimony. Although there is no legal separation in South Carolina, married couples can sign a separate agreement called the South Carolina Marital Separation Agreement. This is also referred to as a “separate support and maintenance contract”. In South Carolina, the procedure that can replace a legal separation is referred to as a request for separate maintenance and support. In this agreement, the spouses share their lives and live separately without ending their marriage, allowing the spouses to continue to enjoy some of the benefits of marriage, such as tax benefits and health coverage. You should not use a separation agreement if you do not know where your spouse is or if your spouse refuses to give consent.

Instead, a separation agreement is best used when both spouses have come to a common understanding of how they wish to handle the “affairs” of living apart. Both spouses must voluntarily sign the agreement. The husband and wife acknowledge that everyone entered into this agreement in good faith and without coercion or undue influence. Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to obtain independent advice prior to the signing of this agreement. CONSIDERING that we wish, by mutual agreement, to settle all matters relating to our matrimonial affairs, our personal and real property and our finances; In South Carolina, the only way to get an innocent divorce is to live apart for a year. Separate life occurs when spouses live in two different places. Living in different rooms in the same house is not considered separate accommodation….

Comments are closed.