Free California Marital Separation Agreement

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

    LIVING SEPARATE AND APART

Name: Date of Birth:
____________________ _____________ _____________, ____________________
  1. Regular visitation schedule:
    ______________________________________________
  2. Vacation visitation schedule:
    ______________________________________________

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.

SIGNED by ________________
In the presence of:

SIGNED by ________________
In the presence of:


THE STATE OF CALIFORNIA

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

THE STATE OF CALIFORNIA

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________,20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF CALIFORNIA
COUNTY OF ____________________

I, _______________________________, of the City of ___________________________, in the State of California, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the State of California this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF CALIFORNIA
COUNTY OF ____________________

I, _______________________________, of the City of _________________________, in the State of California, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the State of California this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

Legal Separation in California

In California, the process for Legal Separation and Divorce are exactly the same. Some couples decide to live separate and apart, but prefer their marital status remains “legally married.” Legal Separation in California is similar to a divorce, in that the couple leads separate lives, but the difference is in the end of the Legal Separation process, the parties are still legally married.

Why Choose Legal Separation and Not Divorce?

There are many reasons couples choose Legal Separation including:

Unsure of Divorce

Couples may be unsure of whether they want to proceed through to divorce. A Legal Separation may give you the space and time to work out and resolve your marital issues, and potentially reconcile. Unlike a divorce that is final and terminates the marriage.

Lack Residency Requirements

In California, in order to file for divorce, the couple must have lived in the state for at least 6 months, and must have lived in the county in which they are filing for divorce for at least 3 months. Couples may choose to separate while they wait to meet the residency requirements to file for a divorce. You are able to file for Legal Separation if you have lived in California for less than 6 months, and then convert it to a divorce proceeding once you have met the residency requirement.

Retain Marital Benefits.

Some people file for legal separation to keep the marital benefits such as health insurance, military benefits, and the ability to file tax returns as a married couple, that they would otherwise lose if they filed for divorce.

Religious Reasons

Legal Separation in California is also an option for those whose religious beliefs are against divorce.

Why is a Separation Agreement So Important?

Whether you choose Legal Separation or divorce, both require agreements among the parties and court ruling. Separating couples use a Separation Agreement to outline each party’s responsibilities during the separation period, in terms of child support and child custody, property division and financial responsibilities. Creating your own Separation Agreement allows you to set the terms for your separation, rather than the court deciding everything for you.

Reasons for Wanting a Separation Agreement