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Homepage ⇨ Attorney-Approved Wisconsin Marital Separation Agreement Document
Structure

In Wisconsin, couples contemplating a marital separation often utilize a Marital Separation Agreement form to outline the terms of their separation. This document serves as a crucial tool for addressing various aspects of the couple's relationship, including the division of assets and debts, spousal support, and child custody arrangements. By clearly defining responsibilities and expectations, the agreement aims to minimize conflict and provide a structured approach to the separation process. Additionally, it can cover important issues such as visitation rights and child support, ensuring that both parties have a mutual understanding of their obligations. While not a substitute for a divorce, the Marital Separation Agreement can provide significant clarity and peace of mind during a challenging time, allowing individuals to navigate their new circumstances with a sense of security and direction.

Form Example

Wisconsin Marital Separation Agreement Template

This Wisconsin Marital Separation Agreement (the "Agreement") is made on ________ [Insert date], between ________ [Spouse 1's full name] and ________ [Spouse 2's full name] (collectively referred to as the "Parties"), who have decided to live separately and apart. The Parties seek to define their rights and obligations concerning their assets, debts, and other responsibilities during their separation period. This Agreement is intended to comply with the laws of the State of Wisconsin, including but not limited to, the Wisconsin Statutes Chapter 767 regarding actions affecting the family.

1. Separation

The Parties agree that as of ________ [Insert separation date], they shall live separate and apart from each other, without interference or interruption from the other party. The separation is to be upheld by both parties, adhering to the laws governing marital separation in the State of Wisconsin.

2. Children

If the Parties have minor children, they agree to the following terms regarding their care:

  1. Primary physical custody of the children will be with ________ [Insert name of custodial parent or shared if applicable].
  2. Visitation rights and schedules for the non-custodial parent will be as follows: ________ [Detail visitation schedule].
  3. Both Parties will share legal custody and make joint decisions concerning the health, education, and welfare of the children.
  4. Child support payments shall be made by ________ [Name of paying parent] in the amount of $________ [Specify amount] per month, in accordance with Wisconsin's child support guidelines.

3. Division of Assets and Liabilities

The Parties agree to the division of assets and liabilities as follows:

  • The marital home located at ________ [Address] shall be ________ [specify allocated to whom or sold, etc.].
  • Bank accounts and financial assets shall be distributed as follows: ________ [Detail distribution].
  • Personal property, including vehicles, furniture, and other belongings, shall be divided as follows: ________ [Detail division].
  • Debts and liabilities shall be handled as follows: ________ [Specify responsibility].

4. Maintenance (Alimony)

Following the guidelines of Wisconsin law, the Parties agree that:

  1. ________ [Spouse 1 or Spouse 2] shall pay maintenance to ________ [Spouse 1 or Spouse 2] in the amount of $________ [Specify amount] per month, for a duration of ________ [Specify duration].
  2. Modifications to this maintenance agreement can only be made with mutual consent of the Parties or by court order.

5. Entire Agreement

This document constitutes the entire agreement between the Parties regarding their separation and supersedes any prior understandings or agreements. Any amendments to this Agreement must be made in writing and signed by both Parties.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement on ________ [Insert date].

_________________________________

________ [Spouse 1's full name]

_________________________________

________ [Spouse 2's full name]

➤ PDF File

File Specifications

Fact Name Description
Purpose The Wisconsin Marital Separation Agreement outlines the terms of separation between spouses, including division of assets, debts, and child custody arrangements.
Governing Law This agreement is governed by Wisconsin state law, specifically under Chapter 767 of the Wisconsin Statutes.
Eligibility Both spouses must voluntarily agree to the terms of the separation for the agreement to be valid.
Written Document The agreement must be in writing to be enforceable in court.
Child Custody Provisions for child custody and support should be included if children are involved.
Asset Division The agreement details how marital property and debts will be divided between the spouses.
Signatures Both parties must sign the agreement, preferably in the presence of a notary public.
Modification The agreement can be modified later, but any changes must also be in writing and signed by both parties.
Legal Advice While not required, seeking legal advice is highly recommended to ensure that both parties understand their rights and obligations.
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