A marital separation agreement forms, also known as a property settlement agreement, or marital settlement agreement, is a written contract dividing your property, spelling out your rights, as well as settling problems such as alimony and custody. Generally, a Marital Settlement Agreement is drawn up according to the law of the state in which at least one party lives. When executed and witnessed properly, it is an enforceable contract between the parties, but is not in itself an undertaking to become divorced. Most parties ultimately do file for divorce, at which time an Agreement would be "incorporated" into the eventual divorce judgment. These forms assumes that you and your spouse may, at a future date, consider filing a divorce and will request that the Agreement be incorporated into the divorce judgment.


After the Agreement is filled out, the two of you will sign it in front of witnesses and a notary. The easiest way to accomplish this is to simply take the finished document to a bank that you do business with. They can supply the witnesses and the notary. You do not need to know the witnesses. Also, since you have an account there, they will probably do it for no cost, or a very modest cost, anyway.

After you have signed it, it is wise to file it with the county court so it is on record. Download Separation Forms

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