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The Pennsylvania marital separation agreement form is a legal document that serves as a contract between married couples who want to live separate lives but do not want to divorce yet.
This document describes the rules and obligations for married couples that they agreed upon. A separation agreement can later become the basis for divorce if it is convenient.
Is a Separation Agreement Legal in Pennsylvania?
Yes, a separation agreement is legal in Pennsylvania. The state of Pennsylvania does not recognize legal separation, but spouses can still create a separation agreement to establish certain rules between them.
Laws and Legal Requirements for a Marital Separation Agreement in Pennsylvania
The laws and legal requirements for marital separation agreements in Pennsylvania can provide guidelines for spouses who want to separate. There is no legal status for separated but still married couples in Pennsylvania, but they can still form a private contract.
Important matters concerning the separation process should be agreed upon and included in the private contract. The court can change certain parts of the separation agreement, like child support or custody, as stated in Section 3105 of the Statutes of Pennsylvania.
However, some matters, like property rights and legal fees, cannot be changed unless stated otherwise in the agreement.
Signing Requirements for a Marital Separation Agreement in Pennsylvania
The signing requirements for a marital separation agreement in Pennsylvania are that the document must be submitted in writing. Moreover, both parties must sign the document and do so willingly, and a separation agreement should be notarized to add validity.
Spouses must understand the document they are about to sign or ask for legal assistance.
What Does a Marital Separation Agreement in Pennsylvania Cover?
A marital separation agreement in Pennsylvania covers all terms needed by the separating couple to ensure a smooth transition.
Some of the terms that should be included in the separation agreement template are related to marital property, child custody, and spousal support.
Marital Separation Agreement Coverage
Marital property. Spouses should agree on terms concerning the division of property like cars, real estate, or personal belongings.
Child custody. Spouses should decide who will take care of the children. The agreement should be made with the child’s well-being in mind.
Spousal support. Spouses should agree on a financial support plan if one spouse is, for example, unemployed.
Matters that are not important for the separation procedure, such as the ones related to the period after separations or personal matters, should not be part of the agreement.