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Separation Maintenance Agreement

Separation Maintenance Agreement Template for Philippines

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Key Requirements PROMPT example:

Separation Maintenance Agreement

"I need a Separation Maintenance Agreement for a couple with two minor children, where the wife will retain the family home and receive monthly support of 45,000 PHP starting March 2025, with shared custody arrangements and provisions for children's educational expenses."

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Document background
The Separation Maintenance Agreement is a crucial legal document used in the Philippines when married couples decide to live separately without pursuing a full annulment or legal separation through the courts. This agreement, governed by the Family Code of the Philippines, provides a structured framework for managing the practical aspects of separation while ensuring both parties' rights and obligations are clearly defined. The document typically covers maintenance payments, property division, debt allocation, and if applicable, child custody arrangements. It must comply with Philippine family law requirements and should be drafted with consideration of both the Civil Code and Family Code provisions regarding support obligations. The agreement becomes particularly important given that the Philippines doesn't permit divorce, making it a vital tool for couples who need to formalize their separation arrangements while remaining legally married.
Suggested Sections

1. Parties: Identification of both spouses including their full legal names, addresses, and civil status

2. Background: Brief history of the marriage, date of marriage, reasons for separation, and current living situation

3. Definitions: Definitions of key terms used throughout the agreement

4. Date of Separation: Official date of separation and acknowledgment of living separately

5. Mutual Release and Non-Molestation: Agreement for both parties to live separately and not interfere with each other's lives

6. Maintenance Payments: Details of support payments, including amount, frequency, and method of payment

7. Duration of Maintenance: Term of maintenance payments and conditions for termination

8. Property Division: Division of conjugal property and separate properties

9. Debts and Liabilities: Allocation of existing debts and future financial responsibilities

10. Tax Provisions: Agreement on tax obligations and filing status

11. Binding Effect: Statement that the agreement is binding on both parties and their heirs

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

13. Severability: Provision stating that if any part of the agreement is invalid, the rest remains enforceable

14. Entire Agreement: Confirmation that this document represents the complete agreement between parties

15. Execution: Signature blocks and notarization requirements

Optional Sections

1. Child Custody and Support: Required if there are minor children, covering custody arrangements, visitation rights, and child support obligations

2. Medical Insurance: Provisions for maintaining health insurance coverage for spouse and/or children

3. Life Insurance: Requirements for maintaining life insurance policies and beneficiary designations

4. Educational Expenses: Agreement regarding children's educational expenses, if applicable

5. Spousal Business Interests: Required if either spouse owns a business, detailing handling of business interests

6. Foreign Assets: Required if parties have assets outside the Philippines

7. Retirement Benefits: Division of retirement accounts and pension benefits

8. Modification Clause: Procedures for modifying the agreement in the future

9. Dispute Resolution: Procedures for resolving future disputes, including mediation or arbitration provisions

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all conjugal properties and their agreed values

2. Schedule B - Separate Properties: List of properties owned separately by each spouse

3. Schedule C - Debt Schedule: Complete list of all debts and liabilities with allocation between parties

4. Schedule D - Maintenance Payment Schedule: Detailed payment schedule including dates, amounts, and payment methods

5. Schedule E - Child Support Calculation: If applicable, detailed calculation of child support obligations

6. Schedule F - Insurance Policies: List of all insurance policies and their disposition

7. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

8. Appendix 2 - Property Documents: Copies of relevant property titles and registration documents

9. Appendix 3 - Financial Statements: Recent financial statements or declarations 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Separation Date
Maintenance
Support Payments
Conjugal Property
Separate Property
Community Property
Marriage
Parties
Spouse
Children of the Marriage
Dependent Children
Family Home
Matrimonial Home
Payment Date
Bank Account
Income
Earned Income
Passive Income
Business Day
Conjugal Partnership of Gains
Absolute Community of Property
Monthly Support
Arrears
Default
Force Majeure
Material Change
Maintenance Period
Termination Event
Matrimonial Assets
Conjugal Obligations
Separate Obligations
Confidential Information
Court
Governing Law
Judicial Relief
Legal Expenses
Mediator
Notice
Property Settlement
Schedule
Third Party
Clauses
Recitals
Definitions
Separation Terms
Maintenance Obligations
Property Division
Child Custody
Child Support
Spousal Support
Asset Division
Debt Allocation
Non-Molestation
Non-Interference
Confidentiality
Tax Provisions
Insurance Obligations
Property Rights
Future Income
Business Interests
Pension Rights
Medical Coverage
Educational Expenses
Release and Waiver
Governing Law
Jurisdiction
Dispute Resolution
Amendment
Severability
Entire Agreement
Binding Effect
Notice Requirements
Force Majeure
Termination
Execution
Relevant Industries

Legal Services

Family Law

Real Estate

Financial Services

Insurance

Social Services

Public Notary Services

Court Services

Mediation Services

Property Management

Wealth Management

Child Protection Services

Relevant Teams

Legal Operations

Family Law Practice

Document Processing

Client Relations

Dispute Resolution

Property Assessment

Financial Advisory

Social Services

Court Administration

Notarial Services

Relevant Roles

Family Law Attorney

Legal Counsel

Paralegal

Court Clerk

Mediator

Financial Advisor

Property Assessor

Social Worker

Legal Document Specialist

Family Court Judge

Notary Public

Settlement Officer

Legal Administrator

Family Law Consultant

Estate Planning Specialist

Industries
Family Code of the Philippines (Executive Order No. 209): Primary law governing marriage, legal separation, property relations between spouses, and support obligations. Particularly Articles 55-67 on legal separation and Articles 194-208 on support.
Civil Code of the Philippines (Republic Act No. 386): Provides basic provisions on support, obligations, and contracts, particularly Articles 291-301 regarding family support obligations.
Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004): Provides protection measures and support requirements in cases involving domestic violence, which may be relevant in separation cases.
Rules of Court of the Philippines: Procedural rules for filing and handling legal separation cases, particularly Rule 61 on legal separation proceedings.
Supreme Court Administrative Matter No. 02-11-10-SC: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, which may be relevant for context and procedural requirements.
Republic Act No. 8533: An act amending Article 287 of the Civil Code, relating to the support of illegitimate children, which may be relevant if children are involved in the separation.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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