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 MINNESOTA
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 MINNESOTA
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 MINNESOTA
COUNTY OF ____________________
I, _______________________________, of the City of ___________________________, in the State of Minnesota, 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 Minnesota 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 MINNESOTA
COUNTY OF ____________________
I, _______________________________, of the City of _________________________, in the State of Minnesota, 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 Minnesota this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
Societal expectations, stature, and religious beliefs are the main determinants to the question, ‘Do you want a divorce or a legal separation?’
In the state of Minnesota, there are laws that permit both arrangements. So, what is the big difference between these two?
A divorce is the dissolution of the bonds of your marital union. It involves division of assets and debts, dealing with custody, and parenting time. At the end of the process, the marriage is no more, and you are free to mingle and marry whomever you deem fit. On the other hand, you have legal marital separation which is in most ways similar to divorce save for the fact that you remain bound by the vows and the union or marriage, and you cannot remarry.
Also, the other difference between these two processes is that a divorce ends with the name change, but that isn’t the case with separation. At the end of legal separation proceedings, you have divided property, gone through child custody and support hearings but you are still tied at the hip with your spouse.
Unfortunately, both processes are tedious, unless you have a mutual agreement in the marital separation, and you still want to be two happy adults at the end of the process.
But, because there are no major differences between divorce and Marital Separation Agreement in Minnesota, why should you go through the marital separation process?
Did you know that you need to be a resident for at least 180 days in the state of Minnesota for you to get a divorce, but, you can get the legal separation papers even if you have been in Minnesota for a day?
So, yes. If you are new to the state and you really want to part and go your different ways, but stay married, or share your marital name, get the Minnesota Marital Separation Agreement.
The legal separation process is also less complicated, and there are no additional fees incurred in the process.
At the heart of most Marital Separation Agreements is religious conflict. Some beliefs forbid divorce, and legal separation remains the only option.
If conflicted, you should consult your deacon, priest or pastor before getting legal help.
If you cannot make up your minds as to whether you should divorce or separate, but the idea of living together is impossible, then being legally separated may be your best bet.
With several questions ensuing, a Marital Separation Agreement in Minnesota will help protect your money and kids especially when you have serious concerns about your spouse misusing your money and assets.
The separation may be the smartest move also as it determines the valuation date and it protects your inherited property too.
These two processes are lengthy and in most cases, when you are considering leaving your spouse, divorce is recommended. But then, this is entirely personal especially with kids involved. Both cases will address child custody and support, the division of property, alimony, health insurance, and the division of real property.
Whether you live in Minneapolis, St. Paul, Rochester, Duluth, Bloomington, Brooklyn Park, Plymouth, Maple Grove, Woodbury, St. Cloud or any other city of Minnesota, you can use our legal forms easily.
Sample Marital Separation Agreement
Sample Marital Separation Agreement
MN Marital Separation Agreement
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