The 5-Step Checklist: What Documents Do You Need to Prepare for a Utah Separation Agreement?

Breaking up a life together means sorting through everything you once shared, and the paperwork often feels like the heaviest box to carry.

When emotions are already stretched, trying to locate tax returns, mortgage statements, and parenting documents can feel overwhelming. However, preparing those key records early helps protect what matters most during a major life transition.

Utah’s numbers show why planning matters. The CDC reports a 2023 divorce rate of 3.1 per 1,000 people in Utah, compared with 2.4 per 1,000 nationally. 

In this guide, you’ll learn what documents Utah requires and how an experienced divorce attorney can help. This includes:

• Confirming your identity and marriage so the court can accept your agreement
• Showing income, assets, and property for a fair financial division
• Supporting child custody and support arrangements that protect your children
• Disclosing debts and liabilities so neither spouse is left with an unfair burden
• Completing the legal filing process without avoidable delays in your separation period

Step One: Personal Identification and Marriage Records

Before you can outline finances or parenting plans, the court needs proof of who you are, where you live, and the legal relationship you’re addressing. 

These foundational records allow the legal separation agreement to move forward without basic questions slowing everything down.

Marriage Certificate and Valid ID

Start by gathering your official marriage certificate and a current government-issued ID, such as a Utah driver’s license or U.S. passport. 

These documents verify your identities and confirm that the marriage is legally recognized.

Utah Residency Proof

Utah requires one spouse to have lived in the state for at least three months before filing.

Documents like a lease, utility bill, or bank statement with your Utah address show the court that it has jurisdiction to accept your agreement.

Previous Court Orders or Written Agreements

If either spouse has a prior divorce decree, separation agreement, or court-ordered support in place, include copies of everything. 

These earlier orders may impact rights to property, custody, or support now, and keeping them visible prevents conflicts or legal contradictions later.

Step Two: Financial and Property Records with Marital Status

Money and assets are often the most complicated part of a separation. Utah law requires full financial transparency before an agreement can be considered fair. 

Having complete records up front helps prevent disputes later over spousal support (who owns, earns, or owes).

Income Statements and Tax Returns

Provide recent pay stubs (usually the last three), plus two to three years of federal and Utah state tax returns for both spouses. 

If either spouse is self-employed, include profit-and-loss statements or business income records. These documents help calculate possible support and clarify each spouse’s financial picture.

Real Estate and Housing Documents

List every property owned jointly or individually. Include:

• Deeds or titles
• Current mortgage statements
• Home equity loan details
• Recent property tax statements

These records help determine which assets are marital property and how equity could be divided.

Retirement and Investment Accounts

Retirement savings and investments are often among the largest marital assets. Gather the latest statements for:

• 401(k)s and 403(b)s
• IRAs and pensions
• Brokerage or investment accounts

In Utah, contributions made during the marriage are typically considered marital property, even if the account is in one spouse’s name.

Step Three: Parenting and Support Documentation

When children are involved, the separation agreement must prioritize their stability and well-being. 

Utah courts require clear information that supports parenting time, decision-making authority, and financial responsibilities while parents live apart.

Parenting Plan Details

Outline how parenting time will work day-to-day. Include information about where the children will live, how holidays and school breaks are handled, and how major decisions (education, healthcare, religious upbringing) will be made. 

Utah’s parenting plan expectations increase with the level of conflict or complexity, so the more specific, the better.

Child Support Information

Even when parents agree on support amounts, the court still expects documentation to confirm the child’s financial needs. Include income information, work-related childcare expenses, and any existing support worksheets. 

These records help confirm child support amounts that are fair and compliant with Utah guidelines.

Health Insurance and Childcare Costs

Provide documents showing which parent currently covers the children’s health insurance, including premiums and any employer plans. 

If children receive regular care outside the home, include recent daycare invoices or receipts. These costs are often shared and must be accounted for in your agreement.

Step Four: Debt and Liability Information

A separation agreement addresses what spouses own and accounts for what they owe. 

Utah requires full disclosure of all debts so that neither spouse is left unexpectedly responsible for obligations incurred during the marriage.

Credit Card and Loan Statements

Gather current statements for every credit card and loan, whether joint or individual. These documents show outstanding balances, interest rates, and who is listed on each account. 

Full transparency helps clarify which debts are marital and which may remain personal responsibility.

Vehicle Loans and Titles

If either spouse owns a car, motorcycle, recreational vehicle, or similar property, include the loan documents and registration or title. 

Vehicles are assets, but those with loans attached may represent more liability than value. Your agreement should capture both sides of that equation.

Business-Related Debts and Personal Liabilities

If one or both spouses own a business, include statements for business loans, credit lines, or outstanding vendor payments. 

Personal liabilities (medical bills, judgments, student loans) should also be included. Disclosing everything now prevents financial surprises later and supports a legally sound division.

Step Five: Legal and Court Documents

Even when both spouses agree on the terms of separation, the agreement becomes meaningful only when it meets Utah’s legal standards. 

Preparing the right legal documents allows the court to recognize that you’re legally separated and enforce the decisions you’ve made together.

Drafts of the Separation Agreement

Begin compiling any written terms you and your spouse have already discussed, such as property division or how parenting time will work. 

These drafts give your attorney or mediator a clear starting point and prevent miscommunication later.

Records of Legal Representation or Mediation

If either spouse has already contacted a family law attorney or met with a mediator, keep documentation of those conversations, fee agreements, or contact details. 

Having professional guidance documented ensures that everyone involved has the same information as you move forward.

Signed, Notarized Paperwork

While Utah does not always require separation agreements to be notarized, notarization adds credibility and protects the agreement from future challenges. 

Plan to have all final documents signed, dated, and (when possible) notarized before submitting divorce papers to the court or keeping them for your records.

Start This Process with the Right Support

A separation agreement shapes the way you and your spouse move forward, and the documents you gather now make a real difference. With identification, financial records, parenting documentation, and liability information organized upfront, the Utah separation process becomes far less stressful and far more predictable.

But paperwork alone doesn’t protect your future. An experienced Utah family law attorney will help you understand what’s fair, catch hidden issues, and structure an agreement that reflects your priorities, especially when emotions or uncertainty make decisions harder to handle.

At Henriksen Law, we support Utah families through separation every day, offering independent legal advice grounded in both knowledge and practical experience. 

If you’re preparing for a separation and want to make sure your rights, finances, and parenting arrangements are protected, our team is ready to help you take the next step. Contact us today!