Informal Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Informal Separation Agreement

"I need an Informal Separation Agreement for a Philippine-based couple with two minor children, including provisions for joint custody, division of our family business interests, and arrangement for our three properties, with the separation to take effect from March 1, 2025."

Document background
The Informal Separation Agreement is a crucial document in the Philippine legal context, where divorce remains largely prohibited except for Filipino Muslims. This agreement serves as a preliminary step for couples who wish to formalize their separation without immediately pursuing court-ordered legal separation. The document typically covers essential aspects such as property division, financial arrangements, living situations, and child custody if applicable. While not legally binding in the same way as a court order, this agreement provides a structured framework for separation and can serve as supporting documentation if parties later seek legal separation through the courts. The agreement must be drafted in compliance with the Family Code of the Philippines and other relevant legislation, though it maintains its informal nature as a private contract between the parties. It's particularly useful for couples who want to document their separation terms while evaluating their long-term options or those who prefer to avoid immediate court involvement.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, including date and place of marriage, and general circumstances leading to separation

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

4. Date of Separation: Specified date when the parties agree to live separately

5. Living Arrangements: Details of physical separation and residential arrangements for both parties

6. Financial Support: Arrangements for spousal support/maintenance, if any

7. Division of Property: Agreement on how conjugal or community property will be divided between the parties

8. Division of Debts: Allocation of responsibility for existing debts and financial obligations

9. Tax Matters: Agreement on filing of tax returns and related tax obligations

10. Mutual Release: Statement of mutual release from future claims except as provided in the agreement

11. Governing Law: Specification that the agreement is governed by Philippine law

12. Modification: Provisions for how the agreement can be modified in the future

13. Severability: Clause stating that if any provision is found invalid, the rest remains in effect

14. Execution: Details of how and when the agreement takes effect

Optional Sections

1. Child Custody and Support: Required if the couple has children; includes custody arrangements, visitation rights, and child support obligations

2. Medical Insurance: Include if there are agreements about maintaining medical insurance coverage for spouse or children

3. Educational Expenses: Include if there are children and agreements about their educational expenses

4. Business Interests: Required if either party owns business interests that need to be addressed

5. Inheritance Rights: Include if parties wish to address future inheritance rights

6. Confidentiality: Include if parties wish to keep the terms of separation private

7. Reconciliation Terms: Optional section addressing what happens if the parties reconcile

8. Religious Obligations: Include if religious aspects need to be addressed, particularly relevant in the Philippine context

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all conjugal/community property and agreed division

2. Schedule B - Separate Property: List of properties owned separately by each party

3. Schedule C - Debt Schedule: Comprehensive list of all debts and liabilities and their allocation

4. Schedule D - Child Custody Schedule: Detailed visitation and custody calendar if children are involved

5. Schedule E - Support Calculations: Detailed calculations for any spousal or child support payments

6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate for reference

7. Appendix 2 - Property Documents: Copies of relevant property titles and documentation

8. Appendix 3 - Financial Statements: Recent financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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