SEPARATION
AGREEMENT
SUPPORT
AND CUSTODY
This
agreement is made _________ (Month & Day),
____ (Year), between _________
__________
(Name of Husband), residing at
_________________________ (Address)
here referred to as husband, and _______________________ (Name of Wife), residing at
_______________________________________ (Address),
here referred to as wife.
RECITALS
Husband and wife recite and declare that:
They
were married on _________ (Month & Day),
_____ (Year) in ________________
(Location and Address)
and since have been and now are husband and wife.
As
the result of disputes and unhappy differences occurring and persisting between
them, they have been separated and living apart since __________ (Month & Day), _____ (Year) or have agreed to an immediate and
permanent separation.
A
proceeding for dissolution of marriage is now pending or will shortly be filed
by _________________ in __________________ (Court
and Location).
___________
(Number) children have been born
to the parties of the marriage and are now living. They are listed as follows:
_______________________________________ ______________
Name Age
_______________________________________ ______________
Name Age
_______________________________________ ______________
Name Age
_______________________________________ ______________
Name Age
(If appropriate, add: The following named children of
the parties are fully emancipated and no provision for the custody or support
of such children is required or is made in this agreement.)
The
parties intend, and it is the purpose of this agreement, to provide fully for
the custody, support, maintenance, and education of their __________ (Child or Children); to memorialize the
separation of the parties, and to remain permanently apart.
(If appropriate, add: and to make a complete and
final settlement of all claims that husband/wife may have against husband/wife
for alimony, support and maintenance and provide fairly and adequately for
him/her support and maintenance, and to provide for the equitable and fair
division of the common/community property of the parties).
To
insure the full information and advice of each party, each of them has retained
and has been represented by independent legal counsel in connection with the
negotiations for and the drafting of this agreement:
_______________________________________ (Wife’s
Attorney), of _____________________________________________ (Address) has represented wife, and
_________________________________________________ (Husband’s Attorney), of
_________________________________________ (Address),
has represented husband.
In
consideration of the foregoing recitals and the mutual covenants and agreements
of the parties, they agree as follows:
1. LIVING
SEPARATE AND APART
1.1 The parties may and shall hereafter live
separate and apart, each free from all dominion, restraint and control by the
other, whether direct or indirect, as fully as if unmarried.
1.2 Each party may hereafter reside at such
place or places as he or she may select.
2. NO
MOLESTATION OR INTERFERENCE
2.1 Neither party shall molest or interfere with
the other nor compel or attempt to compel the other to cohabit or dwell with
him or her, by any means whatsoever, by legal action or otherwise.
3. DIVISION
OF PROPERTY
3.1 The property, both real and personal, owned
by either of the parties at the time of their marriage or subsequently
acquired, separately or together, and owned by the parties or either of them at
the time of their separation has previously been equitably divided and
apportioned between them as follows: ___________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
3.2 The parties ratify and confirm that division
and apportionment.
4. SEPARATE
PROPERTY
Each
party shall retain, have and enjoy, independently of any claim, right or demand
of the other party, all property of every kind, nature and description and
whatsoever situated that is now owned or held or is hereafter acquired by him
or her, or stands in his or her name.
5. RELEASE
OF ESTATE RIGHTS
5.1 Each party releases all right to share in
the estate of the other party, or to serve as personal representative of the
estate of the other party, except only as provided by will or codicil executed
after the date of this agreement.
6. SUPPORT
AND MAINTENANCE OF SPOUSE
6.1 Husband
or Wife shall pay to husband or
wife as and for his or her
necessary support and maintenance, and husband
or wife shall accept in full settlement and satisfaction of his or her right, claim and demand for
such support, maintenance and alimony against
husband or wife, the following amounts: ______________________
___________________________________________________________________
___________________________________________________________________
________________________________________
(Support Schedule and
Conditions).
7. DEBTS
AND OBLIGATIONS
7.1 Each of the parties shall pay all debts
incurred by him or her after the date of this agreement and shall indemnify the
other party against liability therefor.
7.2 Husband
or Wife shall pay debts incurred by him
or her or by husband or wife
or by the parties jointly prior to the date hereof, including the following:
____________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(Itemize debts of both parties including amount,
nature of obligation and payee of each).
(If appropriate, add: Husband or Wife represents that
he or she had made a full disclosure to husband or wife of all debts and
obligations incurred by him or her and in his or her name prior to the date
hereof and that all such unpaid debts and obligations are included in the
foregoing list).
8. CHILD
CUSTODY
8.1 Husband
or Wife shall have the sole care, custody and control of the
following named children of the marriage:
_______________________________________ ______________
Name Age
_______________________________________ ______________
Name Age
_______________________________________ ______________
Name Age
and
the named children shall reside with him or
her. Such care, custody and
control shall continue with respect to each child until the child reaches
majority or sooner becomes emancipated, subject, however, to the visitation
provisions set forth in this agreement.
9. CHILD
CUSTODY-PLACE AND CONDITION OF RESIDENCE
9.1 Husband
or Wife shall not remove any of the unemancipated children to a
permanent residence outside the State of ____________________ without husband or wife's prior
written consent or prior approval of a court of competent jurisdiction on due
hearing and notice.
9.2 Husband
or Wife and the children are now residing at
______________________ ______________________________ (Address), Husband
or Wife shall at all times keep husband
or wife informed of the residential address of the children in his or her custody, and their location
during vacation and holiday periods if they will be away from their normal
residence for more than ________ days in succession.
10. CHILD
CUSTODY-VISITATION RIGHTS
10.1 Husband or
Wife shall have the right to visit the children, individually
or together, at their place of residence with husband
or wife at reasonable times and at reasonable intervals; and to have
the children, or any of them, accompany him
or her from their place of residence at reasonable times and for
reasonable periods provided that he or she
shall not keep any of the children away from their residence later than
__________ (Time of Day) on any
such occasion, without husband or wife's prior consent.
10.2 Husband or
Wife shall have the privilege of having the children, or any of
them, visit him or her at his or her residence and stay with him or her not more often than _______
per calendar month or as the case may be and on weekends and during holiday
periods for not to exceed ______ hours or as the case may be.
10.3 During such periods when the children or any
of them are with husband or wife
he or she may take them on short
journeys as he or she may choose
and they may desire, provided that he or she
shall not without the prior consent of __________ husband or wife take them from this state.
10.4 Husband or
Wife shall make prior arrangements with husband or wife for each of such weekend or holiday visit at
least _____ days prior to the commencement thereof.
10.5 The rights of visitation expressed in this
section shall not be exercised by husband or
wife at any time or in such a manner as to interfere with the
education and normal social and school activities of any of the children.
10.6 The parties may freely agree to any different
arrangements for exercise of the visitation rights of husband or wife from time to time, as future exigencies and
the welfare of the children may require, but no such substitute or additional
privilege shall be deemed to amend this agreement, unless expressed in writing
and signed by the parties.
10.7 Each of the parties shall at all times in good
faith endeavor to maintain in all the children respect and affection for the
other party.
11. CHILD
CUSTODY CONSULTATION CONCERNING EDUCATION,
HEALTH AND WELFARE OF CHILDREN
11.1 Notwithstanding his or her general custody of the children, husband or wife shall confer with husband or wife from time to time with
respect to the welfare of the children, or any of them, and particularly as to
educational, health and disciplinary matters of a substantial nature, such as,
by way of examples, during the serious illness or prior to a scheduled
operation of any of the children, or in connection with the selection of a
college for the higher education of any of the children.
11.2 It shall at all times be the objective of both
parties to decide all questions affecting each of their children in such manner
as to promote the welfare, happiness and well-being of the children.
12. SUPPORT
AND MAINTENANCE OF CHILDREN
12.1 Husband or
Wife shall pay to husband or wife
for the support, maintenance, care and education of each child in his or her custody ________ Dollars per
month, beginning ___________ (Month &
Day), _____ (Year).
12.2 On the occurrence of the first to occur of any
of the following events with respect to each child, the obligation of husband or wife to pay support for that
child shall terminate at the end of the month in which such event occurs: (1)
the death of the child; (2) the attainment of the child's twenty-first
birthday; or (3) an emancipation event as defined in Section 13.
12.3 The obligation of husband or wife for support and maintenance of the children
in the custody of husband or wife
as provided in this section, shall be separate from all other obligations
contained in this agreement and shall continue as obligations of and charges
against husband or wife's estate
on his or her death, to the
extent and for the period that such obligation shall be in force and effect at
the time of his or her death.
13. SUPPORT
AND MAINTENANCE OF CHILDREN-EMANCIPATION
EVENTS
13.1 For the purposes of this agreement, a child in
the custody of husband or wife
shall become emancipated on the occurrence of any one of the following events:
13.1.1 The valid marriage of the child;
13.1.2
The full and permanent
employment of the child gainfully and for a reasonable living wage, excluding
vacation and seasonal employment of a temporary nature;
13.1.3 The induction, enlistment or entry on
active duty in the Armed Services of the United States for a term of service of
not less than one year.
13.1.4 The emancipation of any child shall
be postponed beyond the event that would otherwise result in his or her
emancipation, if, at the time of such event, the child is enrolled as a
full-time student in an accredited institution of higher learning. instead, the
emancipation event for any such child shall be the date of the child's
graduation from that institution. provided, however, the emancipation of any
child shall not be extended beyond the child's twenty-third birthday.
14. SPOUSES
ATTORNEY FEES
14.1 Husband or
Wife shall pay husband or
wife's attorney for __________ (his or her) services rendered and to
be rendered to him or her in
connection with the preparation of this agreement and advice with respect to his or her rights and obligations. Husband
or wife agrees that such payment shall fully and finally discharge
any right or claim he or she may have against husband or wife for reimbursement of
expenses for all such legal services rendered to him or her.
15. EFFECT OF
DIVORCE OR DISSOLUTION OF MARRIAGE
15.1 This agreement shall not be construed in any
measure as a consent to or condonation of a divorce in favor of either party or
dissolution of marriage, but this agreement shall not be a bar to an action for
divorce or a proceeding for dissolution of marriage previously or hereafter
filed.
15.2 If a judgment or decree of divorce or
dissolution of marriage is entered in any action or proceeding therefor, this
agreement and in particular the provisions for the custody and support of the
children of the parties shall, if the court approves, be incorporated in,
merged with, and become a part of such judgment or decree.
(If appropriate, add: and for the support and
maintenance of husband or wife)
16. EXECUTION
OF NECESSARY INSTRUMENTS
16.1 Each party shall hereafter execute all
instruments necessary to carry out the terms of this agreement.
17. BINDING EFFECT OF AGREEMENT
17.1 This agreement shall be binding on the parties
and their respective heirs, personal representatives and assigns.
In
witness whereof, each party to this agreement has caused it to be executed at
_____________________________ (Place of
Execution) on the date indicated below.
______________________________ _____________________
Signature
of Husband Date
______________________________ _____________________
Signature
of Wife Date
______________________________ _____________________
Signature
of Husband's Attorney Date
______________________________ _____________________
Signature
of Wife's Attorney Date
