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 MASSACHUSETTS
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 MASSACHUSETTS
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 MASSACHUSETTS
COUNTY OF ____________________
I, _______________________________, of the City of ___________________________, in the State of Massachusetts, 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 Massachusetts 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 MASSACHUSETTS
COUNTY OF ____________________
I, _______________________________, of the City of _________________________, in the State of Massachusetts, 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 Massachusetts this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
All good things come to an end. Unfortunately, one of these things is marriage. So, what do you do when the rosy parts of your marriage wither and dry out leaving you with the thorns? Little twist – what happens when you don’t really want to go down the divorce lane?
Most folks think about legal separation. And it is the viable option for couples in most states but not in Massachusetts. In the eyes of the law, you’ll be utterly out of luck if seeking separation because you are either married or unmarried in Massachusetts. Fortunately, there is just one straw you can clutch on as you decide to go your separate ways, amicably – get a Separation Agreement.
The Separation Agreement is simply a contract between you and your spouse. It stipulates the terms of the separation. The Separation Agreement has the following provisions:
A clause stating that both parties seek to live separately
The Marital Separation Agreement in Massachusetts should only be signed after both parties carefully consider the terms of the agreement, understand the terms of the contract, and when both parties sign the agreement willingly. There should be no indication of coercion or duress as the parties sign the agreement.
To ensure that you are doing the right thing, you should seek independent legal counsel before signing the agreement.
Besides signing the separation agreement, you can get separate support from the Probate and the family court in Massachusetts in the following circumstances:
This whole process starts with a complainant. After that, you have to file their financial statements with the court and then send the same to the other party. For this to work, it must be established in court that you are married and that, you have a justifiable cause to live apart. Note that you shouldn’t be already separated when filing for the separation for it to work.
The court has the authority to award a separate support and/or child support. It can also make custody decisions and determine if health insurance must be provided by you to your spouse and/or for the minor kids involved.
So, if you are considering a Marital Separation Agreement in lieu of a divorce, you should consider getting a knowledgeable marital attorney. If you are looking for a custom readymade agreement, you should register with us and fill the above form.
Whether you live in Boston, Worcester, Springfield, Cambridge, Lowell, Brockton, New Bedford or any other city of Massachusetts, you can use our legal forms easily.
Sample Marital Separation Agreement