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The Delaware marital separation agreement form is a legal document that outlines terms and conditions that are agreed upon by spouses in their separation process. This agreement gives spouses the option to live separately while still being married.
The court in Delaware does not recognize legal separation, but couples can still create a separation agreement by themselves. The court may later use this agreement in the divorce process.
Is a Separation Agreement Legal in Delaware?
Yes, a separation agreement is legal in Delaware. It serves as a formal document that outlines the terms and conditions agreed upon by both spouses.
Laws and Legal Requirements for a Marital Separation Agreement in Delaware
The laws and legal requirements for a marital separation agreement in Delaware are a little different than in other states because Delaware does not recognize “legal separation.”
However, if a separation agreement stipulates the division of marital property, the court will accept it later in the divorce process.
Section 1504 of the Delaware Code states that the family court can handle divorces or annulments if one of the spouses lived in the state six months before starting the process.
Even if they do not live in Delaware but are married in the state, the court can still handle their divorce process.
Signing Requirements for a Marital Separation Agreement in Delaware
Signing requirements for a marital separation agreement in Delaware typically require the agreement to be in written form and signed by both spouses. Although not necessary, having the notary public present during the signing will add more legal weight to the document.
What Does a Marital Separation Agreement in Delaware Cover?
A marital separation agreement in Delaware covers several matters that should be addressed in the separation agreement template. There are a few that must be added because they will help a lot later in the divorce process.
Here are the most important:
Marital Separation Agreement Coverage
Division of marital property and assets, where real estate, personal belongings, or vehicles are divided between spouses.
Child custody and child support. If children are part of the marriage, then it should be decided who will take care of the children, who will pay support, visitation rules, etc.
Division of debt. In the case of joint bank accounts, house mortgages, or car loans, a decision needs to be made on how those matters are going to be divided.