Alabama Separation Agreement Defined
In Alabama, a separation agreement is a written document that outlines marital or other property between spouses that have decided they want to live separately with or without the intent to divorce. Normally, spouses reside in the same home until one party leaves with the intent to establish a separate residence. At that time, a separation ensues, and the spouses begin to live apart. As a part of that separation , a spouse may seek a separation agreement to divide property, allocate debts, child custody, child support, parenting time, and alimony. Typically, a separation agreement also addresses how to go about getting divorced. A separation agreement works in concert with an Alabama divorce action. There are important advantages and many pitfalls to doing this so it is suggested to consult with a lawyer in preparing and investigating whether this procedure is appropriate.
Elements of an Alabama Separation Agreement
While every separation agreement will contain different provisions depending on the spouses’ preferences and circumstances, there are some key components that must be included in every Alabama separation agreement.
Spousal Support – In many, if not most, marriages, there is a disparity between the income/earning power of the spouses. When the need for alimony has been established, the spouses will state in the separation agreement that one will be required to pay the other some amount of money periodically following separation.
Division of Property – Unless expressly stating otherwise, spouses will also agree in a separation agreement that they will divide their marital property pursuant to Alabama Code Title 30 Chapter 2. While this may seem like a given, because it is the default rule for the division of property, you still need to agree in the separation agreement that this is what you want to do.
Custody – If the spouses have no children, then they do not have to address the issue of custody or child support unless they choose to do so. However, if the spouses do have children, it is very likely that will address the issue of custody, including legal and physical custody as well as who will be named the "primary caregiver" and the visitation schedule.
Visitation – In addition to addressing custody, many separation agreements address visitation issues schedule, including times and locations.
Other Provisions – Other provisions that one might find in a separation agreement include: release of liability in the event that either party is sued or arrested as a result of their conduct during the marriage; disposition of joint credit accounts; no-fault provisions (there will have been no misconduct during the marriage); and, a waiver of appearance in court or at hearings.
Alabama Separation Agreements Legal Requirements
In order for a separation agreement to be valid and enforceable in Alabama, it must meet certain legal requirements. These requirements are generally designed to make sure that the agreement is entered into voluntarily and that the terms are accurate and fair.
The first requirement for a separation agreement in Alabama is that it must be in writing. While it is possible to have an oral separation agreement, this type of agreement can be difficult to enforce in court. In addition, some types of cases, such as a divorce or a legal separation, may require written separation agreements in order to be valid.
Another important requirement for separation agreements in Alabama is that they must be signed by both parties. This requirement applies to any type of separation agreement, regardless of whether it is part of a legal proceeding or made outside of court. In addition to signatures, the parties may also need to provide certain types of documentation to support the terms of the agreement. For example, if the agreement deals with the division of property or debt, the parties may need to provide copies of appropriate documentation as evidence of these assets and liabilities.
In some cases, a separation agreement may also need to be witnessed or notarized in order to be valid in Alabama. Depending on the terms of the agreement, either a witness or a notary may be necessary in order to sign the agreement, along with both parties. A notary is a government official, usually a public accountant or attorney, who verifies the identities of the parties signing the agreement. A witness is another individual who can attest that both parties signed the agreement voluntarily and accurately.
Separation Agreements – PDF Templates for Alabama
For individuals seeking separation agreements in Alabama, downloadable PDF templates can offer a practical and efficient solution. These templates provide a ready-made structure for separating couples to follow while ensuring that all requisite provisions are included and presented in a clear and organized manner.
One of the primary benefits of using a PDF template is its ability to save time and money. A template can significantly reduce the amount of time needed for legal counsel to draft a separation agreement from scratch. By utilizing a professionally drafted template that has been created with careful attention to legal requirements, individuals can secure a high-quality separation agreement without incurring exorbitant legal fees.
Another advantage to using a PDF separation agreement template is the convenience it offers. These templates can be easily downloaded, filled out at the individual’s own pace and updated as needed. If circumstances change or additional needs arise during the separation process, it is simple to modify an existing template and save the new version for future use.
Finally, using a PDF template for separation agreements in Alabama gives individuals a sense of control over their situation. Without having to rely on costly legal services, individuals can customize the terms of the agreement to fit their own specific needs and goals. This allows for a deeper level of flexibility during the divorce process, which can make engaging in this sensitive process a bit easier.
While there are certainly many ways to create a separation agreement in Alabama, using a downloadable PDF template can offer individuals a generally efficient, convenient and cost-effective option to consider when approaching this important stage of the divorce process.
Alabama Separation Agreements – How to Finish the Process
Once it is time to make the separation agreement a real thing in Alabama, there are several steps. First, you will have an initial draft of the separation agreement. Often, the husband or wife will draft this initial draft, using forms that they may have received or purchased, then he or she will provide the outline or draft to the other spouse to begin the process of negotiating those terms to arrive at the final separation agreement. During negotiations, the parties can suggest modifications to the draft agreement and ideas on how the prenup should look when it is finished. In other words, the agreement is in NO WAY set in stone. It is simply a first draft of an idea for the future. When the parties agree on terms, then an attorney should prepare the final draft including those agreed-upon terms. Then, the parties can execute the agreement which usually involves notarization and witnesses. A person cannot witness the separation agreement if he or she is a beneficiary or if the person is involved directly in the matters agreed upon in the prenup. Once the agreement is executed it is final. Only in limited circumstances , such as fraud, mistake and the like will a Separation Agreement be set aside by a judge. Domestic Relations Judges in Alabama will respect those agreements and abide by the terms agreed to by the parents. In the event the agreement is complex or details need to be worked out with estate planning, tax or business advisors, it may not be necessary for either spouse to speak with Mediation or a Divorce Referee prior to execution. However, if there are issues to be negotiated, it is best to employ the services of an Attorney to negotiate the terms of the Separation Agreement and represent the client (or both parties) in reaching an agreement. The client may need to rely on the advice of the attorney regarding the terms of the Separation Agreement prior to execution and whether they are in his or her best interest or whether they could be against the wishes of the other spouse or other parties involved, i.e., children, grandparents, etc. Many times the client may have a consultation with another professional such as a Mediator or a Divorce Referee to discuss certain issues and concerns.
Alabama Separation Agreements – Common Errors to Avoid
There are a number of common mistakes that people make when having a separation agreement drawn up. We hope to address some of the more common issues and give you some tips on how to prevent them so you have a legally binding agreement that protects the needs of both parties.
Agreement on the Terms of the Agreement
The biggest pitfall for separating couples is agreeing on the terms. You are likely both feeling a variety of emotions from anger to sadness, and having an agreement that will help you to move on in your lives can be difficult when tempers are flaring. Taking the time to write down what you think the important things are to include in the separation agreement and discussing that with your spouse can be helpful in keeping in mind why you are trying to reach an agreement and what you both really want out of it. In some cases, it may be worthwhile to consider an attorney to help resolve the separation rather than trying to do it yourself with a DIY separation agreement.
Child Support Guidelines
Having the appropriate child support schedule is important, especially since it is not easy having a child shuttled back and forth between the parents. You need to take into consideration the distance between you and your former spouse, your work schedule and the changing needs of the child as they grow older. Your agreement will need to be modified if your situation changes or you decide to move away from your spouse, but at least having child support guidelines in place will allow you to avoid the expensive court disputes.
Property Division
If you have jointly-shared property such as a house, a car or any other assets, dividing any value in those items is important to access before the divorce. It will also be easier to complete the separation if the property divisions are decided ahead of time.
Retirement and Insurance Benefits
Separate any costs or benefits that each person pays for in case of an accident, retirement or on death. Who will be responsible for ensuring that insurance coverage remains in force? This needs to be stated in the agreement.
Alimony
If you or your spouse can receive alimony, that also needs to be put in writing in case your spouse decides to try to get out of paying it. If you have been married for a long time and you have a higher salary than your spouse, you could receive alimony. If you or your spouse will need alimony, this should be discussed as well so that you will be prepared for the future.
Documentation Validation
Make sure to document the separation legally with a lawyer. Too many people end up not getting a separation in writing, resulting in a nasty divorce later.
When to Ask an Attorney For Help With Separation Agreements
Even if you and your spouse have a seemingly clear understanding about the way you want your separation agreement to be structured, there are various reasons why it’s likely beneficial to consult with an experienced family law attorney.
A lawyer will take an objective third-party view of separation agreement issues. Even in the most amicable separation agreements, people often have a blind spot about how much they can reasonably expect to receive out of the marriage. Lawyers, accustomed as they are to such negotiations, can explain why certain demands or expectations on your part are unreasonable or impractical , or why certain favored clauses of your spouse may not be wise to acquiesce to too early in the terms of negotiation.
A lawyer can help you work within the guidelines required by the court for legal separation. Many people don’t know that simply walking out of a house and abandoning the other spouse may not legally constitute separation that will allow a spouse to freely pursue a divorce in Alabama. There are defined legal grounds for doing so, and a lawyer can work with you to settle on the right case for your separation agreement.