Download Rhode Island Marital Separation Agreement Form [PDF]

The Rhode Island marital separation agreement form is a legal document married couples use to specify their separation procedure without requiring legal aid. With this document, spouses can formalize their separation in a legally binding manner.

The separation agreement includes matters like division of property, spousal support, and child custody. Spouses who have separated are still regarded as married and are not allowed to marry someone else; thus, they need a divorce decree if they want to remarry.

Is a Separation Agreement Legal in Rhode Island?

Yes, a separation agreement is legal in Rhode Island. Couples can create a separation agreement that benefits both parties and carry on with their lives.

Laws and Legal Requirements for a Marital Separation Agreement in Rhode Island

The laws and legal requirements for a marital separation agreement in Rhode Island must be met before the process of separation can begin. The term “legal separation” does not exist in Rhode Island law, but there are options for couples wanting to separate.

Married couples can draft a legal separation agreement as a private contract and notarize it, or they can file for “divorce from bed and board.”

Section 15-5-9 of the Rhode Island General Laws states that a divorce from bed and board can be granted for the same reasons as a divorce. The court will decide if the person filing for separation was a resident of the state long enough and met residential requirements.

Signing Requirements for a Marital Separation Agreement in Rhode Island

The signing requirements for a marital separation agreement in Rhode Island are not specified, so the most common rules apply. The document must be in writing and signed by both parties.

It is essential for both parties to fully understand and agree to the terms outlined in the agreement before signing it to avoid any issues in the future.

What Does a Marital Separation Agreement in Rhode Island Cover?

A marital separation agreement in Rhode Island covers many important aspects of the separation process in order to help married couples in the transition period.

It usually specifies how marital property, assets, and debts made during marriage should be divided. Additionally, the agreement outlines arrangements for child support, custody, and visiting schedules to protect the well-being of any children involved.

Information about spousal support, tax matters, and health insurance coverage might also be provided, along with termination clauses, modification clauses, and retirement plan issues.

However, some things are just not appropriate to include in a separation agreement template. These cover topics unrelated to marriage or the period after separation, such as future inheritance, personal matters, or events outside of either spouse’s control.