Download Mississippi Marital Separation Agreement Form [PDF]

The Mississippi marital separation agreement form is a legal document written for married couples who decide to live separately. The document specifies how certain responsibilities and marital property will be divided. It also protects the legal rights of both spouses. 

This agreement can be a first step towards divorce. On the other hand, if spouses decide to remain married and try to fix the problem, a separation agreement can be revoked.

Is a Separation Agreement Legal in Mississippi? 

Yes, a separation agreement is legal in Mississippi. However, the courts in the state do not recognise legal separation, meaning that a marital separation agreement cannot be verified by the court.

Laws and Legal Requirements for a Marital Separation Agreement in Mississippi

The laws and legal requirements for a marital separation agreement in Mississippi are there to offer guidance and legal protection during the process of separation. While legal separation is not formally recognized in court, spouses can still petition a judge to award alimony.

Section 93-5-23 of the Mississippi Code states that the court can grant spousal support if needed. The court can later change the decision if the financial situation changes. 

Section 93-5-5 of the Mississippi Code states that at least one of the spouses must have lived in the state for at least six months before the process started.

Signing Requirements for a Marital Separation Agreement in Mississippi

Signing requirements for a marital separation agreement in Mississippi are essential to the document’s validity. According to Mississippi state law, a separation agreement must be in writing and signed by both parties in order to be enforceable. The notary public may be present, but it is not a requirement.

What Does a Marital Separation Agreement in Mississippi Cover?

A marital separation agreement in Mississippi covers a range of topics related to the separation process. Usually, these subjects cover crucial issues that the couple who wants to start the separation process needs to address.

One of the matters that needs to be addressed is child custody. A separation agreement template should specify who gets custody of the children, and a child support plan can be drafted if needed.

The division of marital property is an important topic because everything gained in marriage needs to be divided so both sides are satisfied. This includes real estate, vehicles, and personal belongings.

It is important to note that everything related to the period after the separation should not be part of the separation agreement form.