South Carolina Marital Separation Agreement Template
This document serves as a legally binding separation agreement between two parties contemplating separation or divorce in the state of South Carolina. It outlines the rights and responsibilities of each party regarding property division, child custody, child support, alimony, and other relevant matters. This agreement is governed by the laws of South Carolina and should be made in accordance with the South Carolina Marital Property Act, where applicable.
Please provide the following information to complete this agreement:
- Full name of Party 1
- Full name of Party 2
- Date of Marriage
- Date of Separation
- Names and Ages of Children, if any
- Address(es) of Separated Living
- Terms of Child Custody
- Terms of Child Support
- Details of Spousal Support (Alimony)
- Division of Marital Property
- Division of Debt Obligations
- Any Other Terms Agreed Upon
This agreement is executed on the agreement date specified below by and between Party 1 (____[Name of Party 1]____) and Party 2 (____[Name of Party 2]____), hereby referred to collectively as the "Parties" and individually as a "Party." The Parties acknowledge that they fully understand the terms and conditions outlined in this agreement, and they enter into it voluntarily in the presence of witness(es) as required by South Carolina law.
AGREEMENT DATE: _______________
1. MARITAL PROPERTY AND DEBTS
The Parties agree as follows regarding marital property and debts:
- The division of real property (real estate) located at: _______________
- The division of personal property, including but not limited to, vehicles, furniture, electronics, and other tangible goods as follows: _______________
- The allocation of financial accounts (bank accounts, retirement accounts, etc.): _______________
- The responsibility for marital debts, including but not limited to, mortgages, loans, credit card debts, etc., as follows: _______________
2. CHILD CUSTODY AND SUPPORT
If the Parties have children from the marriage, they agree on the following terms regarding child custody and support:
- Primary physical custody of the child(ren) will be with: _______________
- Visitation rights and schedule for the non-custodial parent: _______________
- Child support details, including the amount and frequency of payments: _______________
- Any additional terms regarding child rearing, education, and health care decisions: _______________
3. SPOUSAL SUPPORT (ALIMONY)
The Parties agree on the following terms regarding spousal support:
- The amount and frequency of spousal support payments: _______________
- The duration of spousal support payments: _______________
- Any specific conditions that would modify or terminate the spousal support obligations: _______________
Both Parties have the opportunity to seek legal advice from independent lawyers of their choice and have either availed themselves of this opportunity or waived their right to do so.
This agreement, once signed by both Parties, becomes a legally binding document. It should be executed in duplicate, with each Party retaining a duplicate original.
IN WITNESS WHEREOF, the Parties have executed this agreement on the date first above written.
_________________________________
Signature of Party 1
____[Name of Party 1]____
_________________________________
Signature of Party 2
____[Name of Party 2]____