Free Separation Agreement

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Separation Agreement

Spousal Maintenance Payments


Spousal Maintenance Payments



Frequently Asked Questions
What is spousal maintenance?Spousal maintenance, also known as spousal support, is financial support that is sometimes paid by one spouse to the other spouse when their relationship breaks down. The idea behind spousal maintenance is to redistribute wealth such that one of the spouses does not face economic inequality at the end of the relationship.How should we decide on the amount and duration of spousal maintenance payments?You should consider the following factors in determining the amount and duration of spousal maintenance payments:
  • Former standard of living: Generally courts like to see the financially dependent spouse live according to the standard of living they were accustomed to during the marriage.
  • Earning capacity of the paying spouse: Spouses who are likely to be earning more in the future may be expected to pay more spousal maintenance.
  • Earning capacity of the receiving spouse: Spouses who are not likely to earn as much in the future, may require more maintenance.
  • Whether the receiving spouse made any contributions to the paying spouse’s education or career: If the spouse who is requiring maintenance has made contributions to the other spouse’s career, or has suffered economic disadvantage because of a career compromise (i.e. raising children of the relationship), then that spouse can usually be expected to be compensated accordingly by the other spouse.
  • Responsibility for children: Spouses who will be responsible for the daily care of dependent children may have a reduced earning capacity and greater expenses and therefore require greater maintenance.
  • Reasonable amount of time: Spousal maintenance is temporary as after a reasonable amount of time both partners should be able to meet their financial needs independently.
Am I legally entitled to spousal support?Spousal support, unlike child support, is not guaranteed. It is usually dependent on the receiving spouse’s reasonable needs and the paying spouse’s ability to pay. That being said, if your Separation Agreement provides for no spousal support you should be extra careful before signing the agreement as it may be difficult to obtain support later on should your circumstances change.


Your Separation Agreement

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Separation Agreement

SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of   ___________ ,  _____

BETWEEN:

______________________
of ______________________________

-and-

______________________
of ______________________________


  1. BACKGROUND:
  2. ______________________ and ______________________ (collectively the "Parties" and individually a "Party") were lawfully married on 11 July 2025, in __________. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  3. The Parties intend to contract out of the Property (Relationships) Act 1976 (the "Act") and pursuant to s 21 of the Act agree that the status, ownership, and division of their property is to be determined according to this Agreement.
  4. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  5. The terms of this Agreement are intended to settle the matters addressed, unless specific matters are amended or addressed in a subsequent separation agreement.


Related Documents:

  • Prenuptial Agreement: Before you marry your spouse, divide your assets, debts, properties, and other finances in case of separation or death.
  • Power of Attorney: Authorise another person to make decisions on your behalf. Update this document after major life events, such as separation or divorce.
  • Last Will and Testament: Indicate how you wish to divide your estate after you pass away.
  • Cohabitation Agreement: Outline rights and responsibilities for partners in a cohabitating couple, and create provisions about how to divide the couple’s assets in the event they separate in the future.
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Separation Agreement

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