Download Minnesota Marital Separation Agreement Form [PDF]

A Minnesota marital separation agreement form is a legal document that helps married couples define their separation process without any need for legal assistance. The separation agreement form should cover all subjects important for the process of separation.

In cases of legal separation, spouses need to file the separation agreement form in court for validation. While legal separation seems identical to divorce, spouses remain married and are not allowed to marry someone else.

Is a Separation Agreement Legal in Minnesota?

Yes, a separation agreement is legal in Minnesota. The court will issue a decree of legal separation if both parties consent to it and do not object.

Laws and Legal Requirements for a Marital Separation Agreement in Minnesota

The laws and legal requirements for a marital separation agreement in Minnesota are designed to provide legal protection and guidance in the process of separation. 

Section 518.06 of the Minnesota Statutes states that if one or both spouses want separation,  the court can grant it. However, the court cannot make such a decision if one spouse objects or requests divorce instead.

According to Section 518.07 of the Minnesota Statutes, to file for separation, a person must have resided in the state for at least 180 days before starting the process. 

Signing Requirements for a Marital Separation Agreement in Minnesota

The signing requirements for a marital separation agreement in Minnesota are that both spouses must sign the document willingly and voluntarily as well. A verbal agreement is not acceptable in court, so a separation agreement must be submitted in writing.

What Does a Marital Separation Agreement in Minnesota Cover?

A marital separation agreement in Minnesota covers terms and conditions important for the separation process. A separation agreement plays a crucial role in establishing clear terms.

It typically outlines the division of marital property, assets, and debts acquired during marriage. In order to protect the well-being of any children involved, the agreement also specifies plans for child support payments, custody, and visitation schedules.

Details on health insurance coverage, tax solutions, and spousal support may also be included. A separation agreement template can even include retirement plan matters, modification clauses, and termination clauses.

However, there are some matters that should not be part of a separation agreement. These include upcoming inheritances, private issues unrelated to the marriage, and debts acquired after separation.