IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
| Name: | Date of Birth: |
| ____________________ | _____________ _____________, ____________________ |
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.
SIGNED by ________________
In the presence of:
SIGNED by ________________
In the presence of:
THE STATE OF FLORIDA
COUNTY OF ____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________, 20___.
THE STATE OF FLORIDA
COUNTY OF ____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________,20___.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF FLORIDA
COUNTY OF ____________________
I, _______________________________, of the City of ___________________________, in the State of Florida, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of _________________, in the State of Florida this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF FLORIDA
COUNTY OF ____________________
I, _______________________________, of the City of _________________________, in the State of Florida, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of __________________, in the State of Florida this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
Most married couples want to give their marriage their best to see whether they can work things out before calling it quits. It could be you have kids and would not want them to suffer as a result of an impending divorce, or you want to see whether the marriage can be salvaged. While most states recognize marital separation, Florida does not, but there are ways to protect those who would like such an arrangement. A legal separation follows the formal proceedings of a divorce, including an entry for spousal and child support. The parties seeking separation will be required to fill some marital separation agreements that the courts will sign off. In the end, the only difference between legal separation and divorce is the couple remaining legally married, even though living separate lives. So, how do you go about separation from your spouse even though it is not a legal provision in Florida? You can file for child and spousal support even when you reach a marital agreement to separate without the court’s signature. We address some of the questions on the topic below, but we will keep referring to it as ‘legal separation’ even though it is not recognized in Florida.
The law always supports children seeing as there are many of them born out of wedlock. It will sign award child support to the spouse caring for the children. If a child is born out of wedlock, paternity may have to be proven for the court to sign off on child support. Alimony is not as easy to sign off as child support, especially where spouses are in disagreement. The court allows separated spouses who are not divorced to seek alimony, but mostly it is unlikely to be awarded, unlike child support.
A postnup agreement is a legal document addressing the division of assets upon a future divorce, and it reduces friction between couples if the marriage ends sometime in the future. Florida Statute does not provide for a way to separate assets from debts in the event of a separation, but they come into play in case of a divorce. For a postnuptial agreement to be legally recognized in Florida, it has to be in writing, signed by both parties, and have full disclosure of assets between you and your partner.
A postnup agreement can help in the event of a separation. Since you and your spouse can enter into one at any time of your marriage, you can draft a thoroughly comprehensive marital separation agreement detailing everything including spousal and child support, then follow legal proceedings to make it binding. Upon separation, you will be entitled to everything that the agreement entailed.
You want to ensure that the forms are signed by both you and your spouse and will only file them when our spouse fails to comply with stipulated terms.
Because legal separation is not provided for in Florida, the court can always revisit its custody decision. You may have custody of the children for a while, but the status is not permanent.
Even though Florida doesn't recognize marital separation, you can petition the court to award you child support and spousal support in some cases. You have to prove that your partner can but has failed to support their child/children or yourself. While child support petitions are readily granted, spousal support may be an uphill battle as long as you are still legally married to each other.
Postnuptial agreements are also handy and can effect legal separation, but child custody decisions are not set in stone.
Whether you live in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Tallahassee, Port St. Lucie, Cape Coral, Fort Lauderdale or any other city of Florida, you can use our legal forms easily.
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Sample Marital Separation Agreement