Separation Agreement (Without Children: Fill & Download for Free

Because she asked me to do so.My first wife and I got married in college. After a couple of years, our relationship failed. Without going into details, about 80% of the fault was mine. She had been working as a legal assistant, so she drew up a legal separation agreement, which we both signed. We had no children and very few possessions, so there was nothing to argue about.We parted on amicable terms, and later would occasionally chat on the phone (this was before the internet and texting). A couple of years after we separated, she met a man who really struck her as “the right one”, and decided to marry again. So first she needed to get a divorce from me.She asked for the divorce, and I agreed. We incorporated the original separation agreement into the divorce decree. As an added bonus, her future father-in-law was a lawyer, and he handled the legal end of the process for free. All I had to do was stop in to his office and sign the divorce papers.So I can boast of being one of the few people to get a totally free divorce.

I wrote an article about this topic on my website: My Thoughts on the Trial Separation. However, I am happy provide some of my thoughts below for your consideration.Three Big Reasons Trial Separations Don’t WorkThere are three significant downsides to the trial separation.1. One of the parties tends to really enjoy the time that he or she is alone.The parties tend to deal with some bouts of loneliness during a trial separation. However, the feeling of peace may overcome the feelings of loneliness that arise during the separation. And from what I’ve seen during my time as a lawyer and a mediator, the person who is feeling lonely will eventually fill in that void through a relationship with another person.2. A trial separation can cause resentment that, in the long term, leads to divorce.People rarely decide as a couple that they want a trial separation. The more likely scenario is that one person suggests a trial separation and the other person feels obligated to agree to the separation because the alternative is worse. The person who agrees to the separation tends to resent the fact that he or she had to agree to do it. That seed of resentment often grows into something more damaging as time passes.3. Many couples who do a trial separation have to work even harder to make the relationship work.I have met some couples who have tried to do the trial separation while living together. But for the most part, the people I know have tried to do the trial separation while living apart. In many instances that means the couple is taking on extra expenses (e.g., an apartment for the person who moved out). Those are expenses that could have been used for marital counseling or a couples vacation.How Do You Make a Trial Separation Work?It is very difficult to make a trial separation work. However, I have seen them work, so I know it does happen. What follows is a list of suggestions or tips that will either increase the likelihood that the trial separation will work or reduce the damage that could come from trying to do a trial separation before divorce.Set some trial separation rulesIn this case, I am not necessarily talking about a formal agreement. I am talking about having some ground rules for what is expected during the trial separation. In particular, there needs to be a very clear understanding about whether the spouses can have sexual relations with other people.Consider creating and signing a trial separation agreementOne of the mediation services I provide involves helping couples create separation agreements. But you can create a separation agreement without using a lawyer or mediator. Here is a non-exhaustive list of the items you should address in your agreement:The Dos and Don’ts – e.g., gossip, affairs, and access to the childrenThe duration of the trial separationThe individual and joint financial obligations (and who will pay for what)Frequency of contact with each otherFrequency of contact with the childrenRules of engagement with othersPrivacy – e.g., access to the other spouse’s mail, e-mail, etc.Privacy – e.g., what you will tell the public about the state of your relationshipIf you want a more complete list or a template, then you will have to reach out to me.

Marital settlement agreements, as you correctly state, are contracts. These are private contracts between two individuals. When you contract privately with an individual, you may give away any number of rights. There are some rights you are not allowed to contract away, you commonly see this in leases, for example. But for the most part, the government does not get involved in contracts between private citizens.You have not contracted away your 1st Amendment rights based on what you write here. The 1st Amendment involves the government, and the government isn't interfering with your rights. You have a private agreement. And in that private agreement you gave up your right to redress.I will add, that it is very common for courts, as a part of child custody matters, to forbid ex-spouses from talking badly about each other online or in front of the children. This would implicate freedom of speech, and it is deemed acceptable in every US state of which I am aware. A settlement agreement could do the same thing without a problem.Now, I cannot speak to whether contracting away the right to seek modification is legal in Florida. You would have to ask a Florida family law attorney. Perhaps such a thing is against public policy. I hope, when you signed the agreement, that you had a lawyer on your side who explained exactly what you were signing away. If you did have a lawyer, you should check with that lawyer to make sure you understand your rights.In a quick search, I came across this article. I think you will find it helpful. Florida Separation Agreement Law