MARITAL SEPARATION AGREEMENT
Separation Agreement
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I. PREAMBLE
THIS AGREEMENT, made and entered into [DATE], by and between [NAME],
hereinafter referred to as The Husband, and [NAME] hereinafter referred to as The
Wife.
WITNESSETH:
MARRIAGE
WHEREAS, the parties hereto were married on [DATE], in [PLACE], and have
been and are now Husband and Wife.
CHILDREN
WHEREAS, [NUMBER] children have been born as issue of this marriage, to-wit:
[NAME], born [DATE], and [NAME], born [DATE], and there are no other children born
or conceived of this marriage.
PHYSICAL SEPARATION
WHEREAS, the parties, in consequence of disputes and irreconcilable
differences, have separated on or about [DATE], and are currently living separate and
apart from each other, and have voluntarily and mutually agreed to continue to live
separate and apart.
AGREEMENT
WHEREAS, the parties intend this agreement to be an amicable settlement by
contract of temporary arrangements arising out of their marital separation and not as an
inducement for, or agreement to procure, a divorce.
CONSIDERATION
NOW THEREFORE, in consideration of the mutual promises herein made and of
acts to be performed by them, the parties have agreed and by these presents do agree
as follows:
II. SEPARATION OF THE PARTIES
SEPARATE LIVES
The parties may and shall at all times hereafter live and continue to live separate
and apart. Each shall be free from interference, authority, and control, direct or indirect,
by the other as fully as if he or she was single and unmarried. Subject to the provisions
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of this agreement, each may reside at such place or places as he or she may select.
The parties shall not molest each other or compel the other to cohabit or dwell with him
or her by any legal or other proceedings for restitution of conjugal rights or otherwise.
RECONCILIATION
Even if the parties reconcile and resume living as Husband and Wife, this
agreement shall nevertheless continue in full force and effect unless and until both
parties execute a notarized agreement expressly modifying or rescinding this
agreement. No failure to enforce any provision of this agreement for any period of time
shall constitute a waiver of such provision.
RIGHT OF DIVORCE RESERVED
Nothing contained in this agreement shall be construed as a waiver by either of
the parties of any ground for divorce which either of them may now or hereafter have
against the other, the same being hereby expressly reserved.
TEMPORARY NATURE OF AGREEMENT
This agreement is designed to be temporary in nature and is subject to
modification or replacement by court order. Neither party is bound to limit their requests
for relief by a court of competent jurisdiction to the terms set forth in this agreement.
III. CHILD CUSTODY AND VISITATION
The custody of the minor Child of the parties, namely, [NAME], shall be shared
jointly by Husband and Wife. The parties agree that although the Child may reside with
the Wife, both parties shall exercise joint care and control of the Child and both parents
may visit said minor Child at any and all reasonable times and places. The parties
hereto represent and agree that the welfare of the Child shall be the major factor
governing all aspects of custody and visitation rights and it is further understood that
nothing contained herein shall constitute an abandonment of the said Child by either of
the parties. The parties agree to consult one another with regard to any and all major
decisions affecting the health, education, and welfare in the best interests of said Child.
The Wife shall be referred to herein as the Custodial Parent. The Husband shall
be referred to as the Non-Custodial Parent. The Custodial Parent agrees to consult
with the Non-Custodial Parent on such matters as major medical treatments and
selection of schools for the Child to promote the best interests of the Child. The
Custodial Parent shall exercise final determination over these matters.
VISITATION
The Non-Custodial Parent shall have the right to visit the Child at all reasonable
times and places. The Non-Custodial Parent shall have the privilege during these
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times, to take the Child home or on outings and excursions, and with the Custodial
Parent’s prior consent visit the Child in their home. The Non-Custodial Parent shall be
responsible to pick up the Child and ensure the Child’s return. The Non-Custodial
Parent shall be responsible for costs of transporting the Child for visitation purposes.
Proper advance arrangements shall be made by the Non-Custodial Parent with respect
to the exercise of these visitation rights.
IV. CHILD SUPPORT
AMOUNT
Commencing on [DATE], the Husband agrees to pay to the Wife to be used
solely for the benefit of such Child the sum of $[NUMERICAL AMOUNT] ([AMOUNT IN
WORDS]) per month for the support and maintenance of the minor Child. Such child
support payments shall continue for the Child so long as the Child resides and lives with
the Wife until the Child reaches the occurrence of the emancipation event as stated in
this agreement, or until this agreement is superseded by a court order regarding child
support.
MODIFICATION
The parties further acknowledge that the child support required by this
agreement is only subject to modification by a court of competent jurisdiction in the best
interests of the children. To assist the court in any subsequent action concerning child
support, the amount of child support stated herein was predicated on the present
income of the parties at the time of this agreement of $6,700.00 (Six Thousand Seven
Hundred Dollars and No Cents) per month gross for the Husband and $1,100.00 (One
Thousand One Hundred Dollars and No Cents) per month gross for the Wife.
V. HEALTH CARE
MEDICAL
The parties acknowledge that the Child will remain covered under the current
medical insurance coverage for so long as she qualifies for such coverage.
It is further mutually agreed by and between the parties that the Wife will comply
to the maximum extent possible with the provisions of the medical insurance plan for the
care of the minor Child. The Wife specifically agrees to maintain all records and
receipts required by said medical insurance plan and to prepare whatever forms are
required for obtaining reimbursement for medical care and treatment for the minor Child.
.
The parties agree that the Husband shall pay 100% of the annual medical
insurance plan deductible. The parties also agree that the Husband shall pay 100% of
the cost share, excess charges, and uninsured medical expenses including, but not
limited to, medical, hospitalization, medication, mental health and optometry for the
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period of time that the Child is the Husband’s dependent for the purpose of medical
care. The Wife is responsible for paying the balance of these costs.
DENTAL
The Husband agrees to provide dental insurance coverage for the Child, or to
otherwise pay for necessary routine or emergency dental care.
VI. EMANCIPATION EVENT
With respect to a child, an emancipation event shall be deemed to occur upon
the earliest happening of any of the following:
1. Reaching the age of 19 years or graduation from high school,
whichever occurs first, except in the case of a handicapped child;
2. Marriage;
3. Death;
4. Entry into the Armed Forces of the United States, however, if the child
is discharged from the service before his/her nineteenth birthday, an emancipation
event will not have been deemed to-occur except for the period of actual service in the
armed force;
5. Engaging in full-time employment other than during vacation and
summer periods;
6. Engaging in part-time employment, if not a student.
For the purposes of this agreement, a handicapped child shall mean one
who is physically or mentally incapable of continuous self-support, as opposed to
unwilling to support himself or herself at the age of nineteen years and thereafter.
During the period of time the handicapped child is engaged in full or part-time
employment, the obligation of the Husband for child support shall be reduced by the
amount of the handicapped child's net income; but upon the termination of such
employment, the Husband's obligation shall continue in full effect.
VII. SPOUSAL SUPPORT
AMOUNT
The Husband agrees to pay to the Wife for support and maintenance the sum of
$800 (Eight Hundred Dollars and No Cents) per month until further order of a court.
If The Husband suffers a substantial, adverse, and involuntary change of
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financial circumstances, making his support obligations under this agreement
inequitable or a substantial hardship for him, the parties shall negotiate a modification of
his obligations, consistent with their then-existing financial circumstances. This
obligation is also subject to modification by a court of competent jurisdiction.
VIII. MARITAL DEBTS
Both parties agree that they have not at the time of this agreement and will not in
the future incur any debts or make any contracts for which the other shall be liable and
each further covenants to save the other, or their estate, free, harmless and indemnified
of and from all such debts and liabilities.
IX. TAX MATTERS
ANNUAL RETURNS
The parties agree to file joint federal and state income tax returns for the Tax
Year 2014, and for any subsequent year during which they shall be Husband and Wife
and entitled under the applicable laws and regulations to file joint returns, provided that
such filing results in a lesser combined tax than would result from separate filing. Each
party shall pay that proportionate share of the tax due as shall be attributable to his or
her respective earnings or income and each shall indemnify and hold harmless the
other against any liability for his or her own proportionate share of said tax. Any refund
that is realized as a result of a joint return shall be divided proportionately between the
parties.
X. COUNSEL FEES
The parties agree to divide equally all court costs in connection with any divorce
action which may be instituted at any time in the future between the parties hereto.
Each party will pay his or her own attorney's fee. Each party hereby releases the other
from any further obligations to pay any other or further counsel fees for each other or on
each other's behalf in connection with any matter, except for the costs of the
enforcement of the terms of this agreement in the event of one party's non-compliance,
in which case the non-complying party shall be responsible for all reasonable expenses
incurred in enforcement.
However, if any suit or action is brought to declare or to enforce the rights of one
of the parties under this agreement, the court may in its sound discretion award attorney
fees and costs to the prevailing party; and the court shall make such an award if the suit
or action is brought successfully to enforce a child or spousal support obligation.
Although this is not an agreement to obtain a divorce, it is understood that the parties
will be responsible for their own counsel fees and costs in any subsequent divorce
action or other proceeding brought by either party.
XI. ENTIRE AGREEMENT
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Both the legal and practical effect of this agreement in each and every respect
and the financial status of the parties have been fully explained to both parties by legal
counsel of each party's independent choice, and both parties acknowledge that the
agreement is fair and is not the result of an fraud, duress or undue influence exercised
by either party upon the other or by any other person or persons upon either, and they
further agree that this agreement contains the entire understanding of the parties, there
being no representations, promises, warranties, covenants or undertakings other than
those expressly set forth herein.
XII. COUNSEL
Both parties represent and acknowledge that they have been represented by
counsel and have consulted with counsel prior to the execution of this agreement and
have read and fully understand each and every provision of this agreement.
The parties have reached agreement on the matters contained herein only after
receiving advice from counsel on every question either of them have raised. Issues
discussed by each party include legal rights and obligations under State and Federal
law and the legal effect of each clause in this agreement.
Husband's attorney throughout the negotiation of this agreement has been
[ATTORNEY’S NAME AND RANK, IF APPROPRIATE].
Wife's attorney throughout the negotiation of this agreement has been
[ATTORNEY’S NAME AND RANK, IF APPROPRIATE].
XIII. EXECUTION
This agreement consisting of 7 typewritten pages is executed in duplicate, each
of which shall be deemed to constitute an original once executed.
The parties have been advised and are aware that this agreement shall not be
binding on either party unless it is duly executed by both parties.
XIV. ACKNOWLEDGMENT
MARITAL SEPARATION AGREEMENT
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ACKNOWLEDGMENT BY HUSBAND
IN WITNESS WHEREOF, I have at ___________________________________ this
day of __________________, set my hand and seal to this separation agreement, the
pages hereof bearing my initials.
________________________
Husband’s name
WITH THE UNITED STATES ARMED FORCES
at __________________________
On this day of __________________ before me personally appeared [NAME]
known to me to be the person whose name is subscribed to the foregoing separation
agreement, and he acknowledged to me that he voluntarily executed the same for the
purposes therein contained. This acknowledgement is executed in my official capacity
under the authority granted by Title 10, United States Code, Section 1044a, which also
states that no seal is required on this acknowledgement.
Witness my hand and official seal on this day of __________________ .
_________________________
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ACKNOWLEDGMENT BY WIFE
IN WITNESS WHEREOF, I have at ___________________________________ this
day of __________________, set my hand and seal to this separation agreement, the
pages hereof bearing my initials.
______________________
Wife’s name
WITH THE UNITED STATES ARMED FORCES
at Yokota, Japan
On this day of __________________ before me personally appeared [NAME]
known to me to be the person whose name is subscribed to the foregoing separation
agreement, and she acknowledged to me that she voluntarily executed the same for the
purposes therein contained. This acknowledgement is executed in my official capacity
under the authority granted by Title 10, United States Code, Section 1044a, which also
states that no seal is required on this acknowledgement.
Witness my hand and official seal on this day of __________________ .
_________________________