Generally, a separation agreement is the result of a long discussion and negotiation regarding the division of assets and liabilities, and any matter related to the livelihood, child support, custody or visitation. If you are going through a divorce or separation, the following model separation agreement will help you to get used to the idea and to prepare for these discussions and negotiations. Your attorney may choose to use the model agreement as a resource, but you’ll want to submit an agreement specific to your situation.
Keep in mind that if you and your spouse in a resolution accepted all the main points of the model of separation agreement prior to meeting with their lawyers, will be able to pay less fees. This may be a possibility in separations is not very complicated, such as those that occur in couples without children, and who were married during a short period of time.
This model agreement will help you begin. Even so, some will need to get an agreement of legal separation real, customized to your particular situation.
SEPARATION AGREEMENT
_________________, from here on called “Husband,” and _________________, from here on called “Wife”, hereby agree to the following:
A. preliminary Issues
1. Husband and Wife are married legally ____________ of ______in ______________ (city), _____ (state), in the county of ________________. Due to that developed certain problems between Husband and Wife, hereby agree to live separately and under the terms and conditions herein set forth.
2. Husband and Wife made a full disclosure, fair and accurate in all financial matters affecting this agreement.
3. Husband and Wife received the advice and the advice of the lawyers that each one chose in terms of their legal rights in connection with this agreement.
4. It is intended that this agreement is the final disposition on the matters here treated and can be used as evidence and incorporated into the final decree of dissolution or divorce.
5. In the event that a dispute arises as to the application of this agreement, the prevailing party will be entitled to receive reasonable costs and attorney fees.
B. Custody and visitation
The children of this marriage are:
Name
_____________
_____________
_____________
_____________
_____________
_____________
Date of birth
_____________
_____________
_____________
_____________
_____________
_____________
Social Security number
_____________
_____________
_____________
_____________
_____________
_____________
The following children will live with her Husband:
The following children live with Wife:
The following children will live together with Husband and Wife:
The custody will be shared according to the following schedule:
Husband will have visitation with your children not in custody according to the following schedule:
Wife will have visitation with your children not in custody according to the following schedule:
C. child support
Husband will pay to Wife the amount of $_____________ without exceptions every ____________ (week, month, etc) as of and for the sustenance of children.
Wife will pay to Husband the amount of $_____________ without exceptions every ____________ (week, month, etc) as of and for the sustenance of children.
D. spousal Support
Husband will pay to Wife the amount of $_____________ without exceptions every ____________ (week, month, etc) as part of and for spousal support.
Wife will pay to Husband the amount of $_____________ without exceptions every ____________ (week, month, etc) as part of and for spousal support.
E. Housing
Husband/Wife (circle one) will remain in the family home, located in _________________________________________________.
The new address of Husband/Wife (circle one) will be
Cats related to the family dwelling will be paid by the parties as follows:
Husband will pay:
___________________
___________________
___________________
___________________
___________________
Wife will pay:
___________________
___________________
___________________
___________________
___________________
F. Other payments of debts and expenses
Husband agrees to pay the following debts and expenses and is not liable to the Wife to do the same:
Wife agrees to pay the following debts and expenses and is not liable to the Husband to do the same:
Neither Husband nor Wife may incur any expenses or additional debt that is a joint responsibility. Any debt incurred by either party subsequent to this date will be the sole responsibility of that party.
G. personal Property
The personal property of the parties divided in the following way:
For the Husband:
___________________
___________________
___________________
___________________
___________________
For the Wife:
___________________
___________________
___________________
___________________
___________________
H. Insurance
Husband shall maintain life insurance in the amount of $____________ in benefit of:
Wife shall maintain life insurance in the amount of $____________ in benefit of:
Husband will maintain health and dental insurance for the benefit of:
Wife will maintain health and dental insurance for the benefit of:
I. Attestation
Agreed to and accepted on the day __________ of _____________ of ____________.
By:
Husband ________________ Wife ________________ To the witness:
___________________________________
(signature of witness or attorney)
_________________________________
(signature of witness or attorney)
