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Agreement To Separate & Divide Up Property
The parties, married in the state of [STATE], on the [DAY] day of [MONTH], [YEAR]. To this marriage were born the following child(ren): [NAME(S) OF CHILD(REN)]. The parties and their children have lived in [COUNTY] county, state of [STATE], since [DATE].
A situation has developed where the parties living together is not at the present time possible or desirable. However, the preservation of the family being extremely desirable and the welfare of the children being the chief concern of the parties it is agreed:
(a) The parties will separate this day [DATE].
(b) Party's name will remain in the marital house with [CHILDREN RESIDING WITH].
(c) Party's name will leave the marital house and reside with [CHILDREN RESIDING WITH].
(d) The parties have agreed that on a date six months after the separation they will revisit this contract solely for the purpose of re-evaluating their marital status.
2. CUSTODY OF THE CHILDREN. As set forth in paragraph 1, the children of the marriage will live with Set forth the agreed upon custody arrangement.
VISITATION. The parties have agreed that it is in the best interest of the children that they reside with Party's name. However, both parties realise that they each love the children and that the children love them both and that the children need to have frequent and regular contact with each party. Therefore the parties have agreed upon the following schedule of visitation: set forth a schedule of visitation which reflects the very best compromise you can arrive at, keeping the children's best interest in mind.
The parties have agreed that they will not remove the children from the state of [STATE], without first obtaining the written consent of the other party. The parties have agreed that during their separation, while the children are visiting, they will refrain from having overnight guests of the opposite sex, in the premises where the children are visiting.
CHILD SUPPORT PAYMENTS. Both parties acknowledge that they have a moral, ethical and legal obligation to support their children. Therefore the parties have agreed that each party will contribute the following amounts to that support:
(a) [PARTY'S NAME] will contribute $[AMOUNT], in weekly / monthly payments. This amount is anticipated to equal [PERCENTAGE] percent of the children's financial support.
(b) [PARTY'S NAME] will contribute $[AMOUNT], in weekly / monthly payments. This amount is anticipated to equal [PERCENTAGE] percent of the children's financial support.
(c) Health insurance for the children will be provided as follows:
(d) The children shall be named beneficiaries in any life insurance policies, which either party may have, unless to do so would violate some existing contract, law or the other party to this contract so agrees.
(e) Each party agrees to contribute fifty percent or the greatest amount possible to the care and welfare of the children in the event of any uninsured emergency or disaster.
(f) Both parties agree not to provide the children with gifts of such a nature and cost as to interfere with the other party's parental relationship with the child, unless the non providing party agrees to the gift in writing prior to the child's knowledge of the intent of the providing party to make such gift.
AGREEMENT TO FOREGO SPOUSAL SUPPORT. The parties both agree to forego any right they may have to spousal support during the time this agreement is in effect.
THE PAYMENT OF SPOUSAL SUPPORT. The parties have agreed that [PARTY'S NAME] will contribute $ [AMOUNT] in weekly / monthly payments to the support of [PARTY'S NAME].
This section of this agreement will be revisited for possible amendment in [--] months .
NO REPRESENTATIONS. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
INTERPRETATION. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise,
(a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and
(b) the word including means including without limitation.
ADVICE OF LEGAL COUNSEL. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
INVALID PROVISIONS. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
DIVISION OF PROPERTY OF THE MARRIAGE. The parties have discussed at length and after careful consideration of their actions have decided to divide between them the property of their marital estate as follows:
a. [PARTY'S NAME] will receive as his / her separate property all the property listed in exhibit "A" , which is attached hereto and incorporated herein as part of this agreement.
b. [PARTY'S NAME] will receive as his / her separate property all the property listed in exhibit "B", which is attached hereto and incorporated herein as part of this agreement.
SEPARATE PROPERTY. The parties acknowledge that each of them had separate property prior to their marriage and they have chosen to deal with that property in this manner:
a. Prior to the marriage [PARTY'S NAME] had as his / her separate property all the property listed in exhibit "C", it is and has been during this marriage the intention of the parties that said property retain its separate nature.
b. Prior to the marriage [PARTY'S NAME] had as his / her separate property all the property listed in exhibit "D", it is and has been during this marriage the intention of the parties that said property retain its separate nature.
MEDIATION OR ARBITRATION. While this agreement remains in effect the parties agree to settle any disputes which arise under it through resort to mediation before a professional mediator. Both parties are to pay half of the fee's unless it is clear to the mediator that one of the parties is requesting mediation only to incur costs the other party cannot reasonably be expected to pay. If mediation fails than the dispute is to go before a single arbitrator. Said arbitrator will be if possible a retired superior court judge but may with the parties assent be any arbitrator from an Amerivan Arbitration Association or like organization.
AMENDMENT and TERMINATION. This agreement may be terminated at any time by the parties obtaining a legal divorce or by the parties determining to reside together once more as a married couple. We agree that from time to time an amendment of this agreement may be desirable and we therefore agree that said amendment may be accomplished by written amendment only.
The above parties known to us personally or proved to us by presentation of valid identification, signed and published the above as their AGREEMENT TO SEPARATE AS HUSBAND AND WIFE WITH A STIPULATION AS TO THE DIVISION OF THEIR PROPERTY, in our presence. At his request, we have signed our names and written our addresses on this will as witness this [DAY] day of [MONTH], [YEAR].
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]