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The Oregon marital separation agreement form is a legal document that married couples require when filing for separation. Agreements that are significant to both spouses are included in this document.
A separation agreement does not end the marriage, allowing spouses to live separately while still enjoying some of the marriage benefits. These benefits depend on the agreed-upon terms in the separation agreement form.
Spouses can later decide to revoke a separation agreement if they want to reconcile or include it in the divorce process.
Is a Separation Agreement Legal in Oregon?
Yes, a separation agreement is legal in Oregon. Spouses seeking legal separation can formalize their arrangement by filing a separation agreement with the court.
Laws and Legal Requirements for a Marital Separation Agreement in Oregon
The laws and legal requirements for a marital separation agreement in Oregon can clarify the separation process for married couples who wish to live separately.
The residency requirement is that one spouse must be an Oregon resident when filing for separation, as stated in Section 107.075 of the Oregon Revised Statutes.
Section 107.025 of the Oregon Revised Statutes states that the court can grant separation if:
Laws and Legal Requirements
The differences are causing the marriage to break
The couple agrees in writing to live apart for at least a year
The couple have differences but wants to stay married for financial, religious, or legal reasons
Signing Requirements for a Marital Separation Agreement in Oregon
The signing requirements for a marital separation agreement in Oregon are that the document must be filed in writing. Moreover, both spouses should sign the document willingly and without pressure or influence. The notary public can be present during signing, but this is not mandatory.
What Does a Marital Separation Agreement in Oregon Cover?
A marital separation agreement in Oregon covers a few subjects that are crucial to the separation procedure. The separation agreement template should be customized in a way that is beneficial to both parties.
The division of marital property is a very important subject if spouses own real estate, vehicles, or debts. Agreements made concerning property could directly influence spouses’ living arrangements or financial situation.
In cases where children are involved, matters like custody and child support should be addressed within the separation agreement, too. The same goes for the child’s well-being, where the parents should determine the amount of child support, visitation rights of the parent who won’t have custody over a child, and more.
Sometimes spouses want to include matters that are not important for separation in the agreement. One way to prevent that is to have a legal representative present at the signing to provide legal assistance if needed.