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Alabama marital separation agreement is a legal document that allows spouses to define matters like marital property division, child custody, and spousal support before finalizing their divorce process.
There are different reasons for drafting and entering a separation agreement. In some states, the parties are required to have separated status for a certain period of time before the court can finalize their divorce process.
The separation agreement can also help the spouses define the main terms of a divorce, such as property division and spousal support, before the official court decision is made.
Is a Separation Agreement Legal in Alabama?
Yes, the separation agreement is legal in Alabama. The parties are free to draft the separation agreement form and define their legal rights and obligations during that period.
Laws and Legal Requirements for a Marital Separation Agreement in Alabama
The laws and legal requirements for a marital separation agreement in Alabama are outlined in Section 30-2-40 of the Code of Alabama.
This section provides the conditions that must be met for the court to enter a decree of legal separation:
Laws and Legal Requirements
The court must determine that the requirements for the dissolution of a marriage are met.
The court must establish that the marriage is irretrievably broken, there is a complete incompatibility of temperament between the spouses, or one or both spouses wish to live separately.
The court must approve child custody and enter an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.
Signing Requirements for a Marital Separation Agreement in Alabama
The signing requirements for a marital separation agreement in Alabama provide that the separation agreement must be in written form. Moreover, for the separation agreement form to be valid, both spouses must sign the document.
The state law doesn’t require the parties to notarize their separation agreement. However, parties that want additional security can always notarize their document.
What Does a Marital Separation Agreement in Alabama Cover?
A marital separation agreement in Alabama covers different matters related to the financial and non-financial relationships between the spouses.
Below, you can see the matters that are most commonly covered by the Alabama separation agreement template:
Marital Separation Agreement Coverage
Rules on how the parties will divide their marital property
Rules on how the parties will cover the debts acquired during the marriage
Agreement on the disposition of the marital home
Matters connected with the pension or retirement plan
Agreement on the spousal support amount and duration
Matters connected with life and health insurance
Custody and visitation rules
Child support amount and duration
Consent for child travel if one of the spouses wishes to travel alone with the children