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State of Delaware Separation Agreement


A separation agreement is a legal contract between two parties that have decided to end their relationship. This agreement outlines the terms and conditions under which the parties will live separately and apart. In the state of Delaware, a separation agreement can be an effective way to resolve issues related to property distribution, spousal support, and child custody.

If you are considering a separation agreement in Delaware, it is important to understand the legal requirements and implications of such an agreement. This article will provide an overview of the state of Delaware separation agreement and what you need to know before entering into one.

Legal Requirements

In Delaware, a separation agreement is a legally binding contract that must meet specific legal requirements. The agreement should be in writing and signed by both parties in front of a notary public. It must also be voluntarily executed, meaning that both parties have entered into the agreement willingly and without coercion.

The separation agreement should clearly outline the terms and conditions of the separation. This includes provisions related to property division, spousal support, and child custody and visitation. The agreement should also include provisions related to how disputes will be resolved in case of any conflict in the future.

Property Division

One of the most important aspects of a separation agreement in Delaware is property division. The agreement should outline how the assets and debts acquired during the marriage will be divided between the parties. This includes real estate, personal property, bank accounts, and retirement accounts.

Spousal Support

Another significant issue that is usually addressed in a separation agreement is spousal support. The agreement should outline if the parties will have any financial obligations towards each other after the separation. This includes any alimony or spousal support that one party may be entitled to receive from the other party based on the parties` respective incomes and other pertinent factors.

Child Custody and Visitation

If the parties have any children, the separation agreement should also address child custody and visitation. The agreement should outline who will have custody of the children and how often the non-custodial parent will have visitation rights. It should also address issues related to child support and how it will be calculated, collected, and paid.


In summary, a separation agreement in Delaware can be an effective way to resolve issues related to property division, spousal support, and child custody and visitation. To ensure the agreement is legally binding and enforceable, it must meet specific legal requirements outlined by the state.

Before entering into a separation agreement, it is highly recommended that you consult with an attorney experienced in family law and separation agreements. An experienced attorney can help you draft a comprehensive agreement that meets your needs and protects your rights.