Valid South Dakota Marital Separation Agreement Document

South Dakota Marital Separation Agreement

This Marital Separation Agreement (hereinafter referred to as the "Agreement") is made and entered into on this ______ day of _______________, 20____ (the "Effective Date"), by and between _______________________ (hereinafter referred to as "Spouse 1"), residing at ____________________________________, and _______________________ (hereinafter referred to as "Spouse 2"), residing at ____________________________________, both of whom agree to be bound by this Agreement.

WHEREAS, Spouse 1 and Spouse 2 were lawfully married on the ______ day of _______________, 20____, in the State of South Dakota; and

WHEREAS, Spouse 1 and Spouse 2 wish to live separate and apart from each other, albeit remaining legally married; and

WHEREAS, both parties desire to settle between themselves all matters regarding their marital rights, the division of property, child custody, visitation rights, child support, spousal support, and any other matters arising from their marital relationship.

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Spouse 1 and Spouse 2, intending to be legally bound, hereby agree as follows:

1. Separation

Both Spouse 1 and Spouse 2 mutually agree to live separate and apart from each other, as if they were single, starting from the Effective Date of this Agreement. This decision is made in accordance with South Dakota Codified Laws, without interference or coercion from either party.

2. Distribution of Property

The parties agree to the division of property between them as follows:

1. Real Property located at _____________________________________________________________________ shall be [granted to/owned by/divided between] _______________________________________________.
2. Personal Property, including but not limited to, furniture, artwork, and vehicles, shall be distributed as follows: _______________________________________________.
3. Financial Accounts (bank accounts, stocks, bonds, etc.) listed under account numbers ______________________________ shall be divided as follows: _______________________________________________.

3. Child Custody and Support

The parties do hereby agree on the following terms concerning the custody, visitation rights, and support of their child(ren):

• Primary Custody of the child(ren) shall reside with _____________________________________________.
• The non-custodial parent shall have visitation rights as follows: ___________________________________.
• Child support shall be provided by the non-custodial parent in the amount of $______________ per month, until the child(ren) reach the age of majority or as otherwise agreed.

4. Spousal Support

Spousal support has been agreed upon by the parties as follows: ________________________________________. Both parties acknowledge that they have entered into this agreement voluntarily, without any duress or undue influence, and that this agreement is fair and reasonable to both parties.

5. Entire Agreement

This Agreement contains the entire understanding between Spouse 1 and Spouse 2 regarding the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between them. No amendment or modification of this agreement shall be valid unless in writing and signed by both parties.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of laws principles.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.

Spouse 1 Signature: _____________________________________ Date: _________

Spouse 2 Signature: _____________________________________ Date: _________