Download Texas Marital Separation Agreement Form [PDF]

A Texas marital separation agreement form is a legal document that serves as a private contract between spouses where they can establish terms for separation. Texas does not recognize legal separation, which means that an agreement cannot be validated in court.

Married couples can still draft a separation agreement and cover some matters that are important for the separation process. For matters like the division of property, spouses must initiate the divorce process.

Is a Separation Agreement Legal in Texas?

Yes, a separation agreement is legal in Texas. Legal separation is not accepted as marital status in Texas, so a separation agreement is enforced like any other contract between parties.

Laws and Legal Requirements for a Marital Separation Agreement in Texas

The laws and legal requirements for a marital separation agreement in Texas assist couples in the process of separation and protect their legal rights. 

Section 7.004 of the Texas Statutes states that spouses can make a separation agreement that covers the division of marital property, debts, and spousal support. The court will follow the terms of the agreement if they are fair to both parties.

A separation agreement in this case may be used in the divorce process. However, if the court finds that the terms of the agreement are not fair, it might ask the couple to change the agreement.

Signing Requirements for a Marital Separation Agreement in Texas

The signing requirements for a marital separation agreement in Texas are the same as for any other contract. The document should be in writing and signed by both parties. Notarization is required to validate the agreement.

A separation agreement should be clear and understandable, and if it is not, then legal assistance is needed.

What Does a Marital Separation Agreement in Texas Cover?

A marital separation agreement in Texas covers a few topics that are essential to the separation process. It is important to customize the separation agreement template in a way that benefits both parties.

Child custody is a crucial topic that needs to be covered in a separation agreement. The decision on child care must be agreed upon by spouses, with the children’s best interests in mind.

In order to involve both parents in raising children, a visitation plan should be established for a spouse who does not have custody. Another important topic to include is marital property, where everything gained in marriage must be divided fairly between spouses.

Sometimes, spouses want to add clauses to a separation agreement that do not belong there. For example, future inheritance is related to the period after separation, and including it in the agreement would not be fair.