Free South Carolina Marital Separation Agreement

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:

LIVING SEPARATE AND APART

1. Regular visitation schedule:
   ______________________________________________
2. Vacation visitation schedule:
   ______________________________________________

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 SOUTH CAROLINA

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 SOUTH CAROLINA

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 SOUTH CAROLINA
COUNTY OF ____________________

I, _______________________________, of the City of ___________________________, in the State of South Carolina, 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 South Carolina 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 SOUTH CAROLINA
COUNTY OF ____________________

I, _______________________________, of the City of _________________________, in the State of South Carolina, 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 South Carolina this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

Is Legal Separation Applicable in South Carolina?

In the eyes of the South Carolina law and the family law courts, you are either married or unmarried. This brings forth questions like what happens when you and your spouse don’t want a divorce? Can’t we just live apart but remain married?

Legal Separation

In South Carolina, there exists no legal status between the married and divorced. However, there may be a court order put in place during that time of separation. Even so, you aren’t separate in the eyes of the law, if you still live with your spouse. For the court ordered separation within the set requisite time, you have to live separate, and apart from your spouse. Unfortunately, sleeping in different bedrooms in the same house does not count.

The Alternative

As you get acquainted with all the aspects of family law in South Carolina, you will learn that there are no legal separation forms. Instead, you have to request a temporary hearing then seek an order of Separate Support and Maintenance, also called the Marital Separation Agreement form. How does the marital separation agreement work in South Carolina? Though legal separation is non-existent in South Carolina, married couples can sign a separate agreement called the South Carolina Marital Separation Agreement. This is also called a “separate support and maintenance agreement.” This document is negotiated between both parties with the help of an attorney. An attorney is helpful in the negotiations and for the protection of your interests.

What does the Marital Separation Agreement settle?

• The agreements settle important issues such as:
• • Division of personal property and real estate
  • Child support, custody, and visitation of minor children
  • Allocation of debts plus legal fees
  • Alimony
  • Life and health insurance agreements

  Process of getting the marital separation

  Technically, legal separation doesn’t exist in South Carolina. However, you can get an Order of Separate Support and Maintenance mentioned above. A family court judge issues the order. After separation, you get to file for the separation agreement with the court. You are ‘legally separated’ only after the court approves the agreement. Note that this agreement doesn’t count as a divorce. Both legal separation and the Order of Separate Support and Maintenance accomplish similar goals. Either party can request a temporary hearing asking the court for relief during the period of separation.

  Difference between legal separation and a divorce

  These are two different legal entities stating whether a couple is married or not. As mentioned above, a couple is either married or unmarried in South Carolina. In states where legal separation is recognized, adultery during the period of separation still counts as adultery in marriage. In South Carolina, the parties don’t have to fulfill the Order of Separate Support and Maintenance for them to fulfill the one-year separation requirement for a no-fault divorce.

  How much does the legal separation agreement cost?

  Getting a legal separation agreement will cost you. First of all, you have to get a competent family attorney, who will charge you service fees. Other than the attorney fees, you also have to pay a filing fee payable to the Clerk of Court to file the action. Currently, the filing fee is $150.00. If you need a temporary hearing, you also have to pay for it. The temporary hearing will cost you an additional $25.00.

  What necessitates the Marital Separation Agreement in South Carolina?

  • Considering the cost and the lengthy process, and the fact that the family courts in South Carolina don’t recognize separation, why would you want to go through all that trouble?
  • • The agreement protects each spouse financially, and it provides financial assistance to minor children
    • If you wait long enough to get a divorce finalized, you will have a lot more accrued debt.
    • A party may need child support or visitation rights,
    • A party may need the court to order one party not to dispose of their marital assets.

    Sample Marital Separation Agreement