Marital Legal Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts where Divorce Action Filed - Delaware 2026

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How to use or fill out Marital Legal Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts where Divorce Action Filed - Delaware

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the full legal names of both parties in the designated fields at the top of the document.
  3. Fill in the date of marriage and county where it took place, followed by the date of separation.
  4. In Section 1, outline the agreement on separation and relinquishment of marital rights, ensuring both parties initial each section.
  5. Proceed to Section 2 to disclose financial information. Each party should accurately list their assets and liabilities as required.
  6. Complete Sections 3 through 4 detailing asset division and debt responsibilities, ensuring clarity for future reference.
  7. Review all sections thoroughly for accuracy before proceeding to signatures. Both parties must sign in front of a notary public.

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Unlike a divorce, the couple remains legally married and can either reconcile or move forward with a divorce in the future. The couple can still go court to establish legally binding agreements around property division, child custody and support, and other relevant items they want to divide during the separation.
Unlike many other states, Delaware does not have legal separations granted by courts. However, a husband and wife in Delaware may enter into a separation agreement.
Disadvantages of Legal Separation Since you are still legally married, you cannot marry someone else. If you meet a new partner and want to remarry, you will need to get divorced first. Even though you maintain separate residences, your finances might still be tangled.
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