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A Tennessee marital separation agreement form is a legal document that specifies how a married couple will live apart from one another without filing for formal divorce.
The agreement covers the division of assets, child support, or any other matter related to the separation process. Spouses can create a separation agreement by themselves or seek legal assistance, especially when the situation is complicated—for example, when spouses cannot agree on how the debts will be divided.
Is a Separation Agreement Legal in Tennessee?
Yes, a separation agreement is legal in Tennessee. Spouses can file for legal separation and change their marital status.
Laws and Legal Requirements for a Marital Separation Agreement in Tennessee
The laws and legal requirements for a marital separation agreement in Tennessee specify what is necessary for a document to receive court approval.
According to Section 36-4-102 of the Tennessee Code, if one spouse does not want to divorce, they can file for legal separation. Additionally, if one spouse does not want separation, the court may still grant it if the reasons are valid.
It further states that if spouses are separated for two years, they can ask for a divorce, and the court will decide on matters like financial support and property division.
Signing Requirements for a Marital Separation Agreement in Tennessee
The signing requirements for a marital separation agreement in Tennessee are similar to those in other states, meaning that the document needs to be signed by both spouses. They must do this willingly and without any influences from the side.
Additionally, a separation agreement can be made more formal by having it notarized.
What Does a Marital Separation Agreement in Tennessee Cover?
A marital separation agreement in Tennessee covers all legal arrangements that a married couple makes about their separation, including financial, custodial, and legal matters. Here are some important matters that should be included in a separation agreement template:
Marital Separation Agreement Coverage
The division of marital property. It outlines how real estate, vehicles, or personal belongings are going to be divided between spouses. It could also cover the division of debt or retirement funds.
Child custody. It’s an agreement between spouses on who will be the children’s guardian. Additionally, a visitation plan should be formed for a parent without custody.
Child support. It’s money that one spouse gives to the other to pay for their children's expenses.
Alimony. It’s financial support that one spouse pays to the other during the separation process.