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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of   ___________ ,  _____.

BETWEEN:

______________________
of __________, __________,
in the State of ____________________, __________

("Husband")

-and-

______________________
of __________, __________,
in the State of ____________________, __________

("Wife")


  1. BACKGROUND:
  2. The Husband and the Wife (collectively the "Parties" and individually a "Party") were lawfully married on May 26th, 2016, in __________, the County of __________, Virginia. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  3. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  4. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  5. The Parties have each consulted an attorney with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  6. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Parties confirm that they are in sound mental health.


IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  1. LIVING SEPARATE AND APART
  2. The Parties have lived separate and apart since May 26, 2016.  Neither Party will attend the other's living space or work without invitation or approval.
  3. CHILDREN
  4. There is 1 child of the marriage, namely:

    Name:

    Date of Birth:

    __________

    May 26, 2016

  5. CHILD CUSTODY
  6. The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ______________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child's best interests. ______________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
  7. The Parties agree that the child will primarily reside with ______________________.
  8. The Parties also agree that ______________________ will have the following access with the child:
    1. Regular visitation schedule:

      ___________________________________________________________.

    2. Vacation visitation schedule:

      ___________________________________________________________.

  9. CHILD SUPPORT
  10. ______________________ will pay child support in the amount of $0.00 monthly to ______________________. Child support payments will commence on May 26, 2016 and will be paid on the 26th day of each and every month.
  11. ______________________ will pay a total of $0.00 monthly to ______________________ for the child's uninsured health care costs, child care costs, and other additional costs, such as ___________________________________________________________. Child support payments for these expenses will commence on May 26, 2016 and will be paid on the 26th day of each and every month.
  12. The Parties agree that each will provide the other a copy of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
  13. ______________________ will maintain health insurances, including medical and dental coverage, for the benefit of __________.
  14. Subject to the laws of Virginia, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is attending an educational institution, full-time, and is ____ years old or younger.
  15. SPOUSAL MAINTENANCE
  16. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
  17. ASSETS
  18. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  19. DEBTS
  20. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  21. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  22. GENERAL PROVISIONS
  23. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  24. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  25. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  26. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  27. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  28. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  29. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  30. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each terms of this Agreement.
  31. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  32. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  33. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  34. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  35. The law of the Commonwealth of Virginia will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____ day of   ___________ ,  _____.


SIGNED by ______________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
______________________

   

______________________________
WITNESS


SIGNED by ______________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
______________________

   

______________________________
WITNESS


ACKNOWLEDGMENT

THE STATE OF ____________________
COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ______________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ______________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Attorney


ACKNOWLEDGMENT

THE STATE OF ____________________
COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ______________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ______________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Attorney



CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF ____________________
COUNTY OF____________________

I, _______________________________, of the City of ___________________________, in  the State of ____________________, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of _________________, in the State of ____________________ this ___day of _________, 20___.


________________________
Print Name: ____________
Attorney


I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF ____________________
COUNTY OF____________________

I, _______________________________, of the City of _________________________, in the State of ____________________, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of __________________, in the State of ____________________ this ___day of _________, 20___.


________________________
Print Name: ____________
Attorney

I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ______day of ______________20___.


________________________
______________________

Separation Agreement Information

Alternate Names:

A Separation Agreement is also known as:

  • Marital Separation Agreement
  • Marriage Separation Agreement
  • Divorce Agreement
  • Legal Separation Agreement

What is a Separation Agreement?

A Separation Agreement is a document that two people in a marriage use to divide their assets and responsibilities when preparing for separation or divorce.

It includes terms to divide child custody and child support, parental responsibilities, spousal support, property and debts, and other family and financial aspects that you and your partner or spouse may wish to allocate or divide.

A Separation Agreement may be submitted to the court prior to the divorce proceedings or can be considered by the presiding judge in the final divorce judgment.

When to Use a Separation Agreement

Separation Agreements are generally used in three situations:

  • A married couple has decided to separate for the time being, but are not ready to divorce. They would like to continue their marriage, but wish to live apart temporarily. They choose to create a Separation Agreement so that they can document when they started to live independently and so that they can divide their family and financial responsibilities while they are separated.

  • A married couple has decided to divorce and already know how they would like their assets, debts, properties, and responsibilities for their children broken down. Instead of having a court decide what each spouse's responsibilities will be upon the termination of the relationship, they choose to create a Separation Agreement. The Separation Agreement is usually submitted to the court to be part of the divorce decree.

  • A Separation Agreement can also be used if a married couple would like to live separate and apart permanently, but maintain their legal relationship status of being married.

Separation and Divorce

Separation is when you and your spouse are legally married but are no longer engaged in a marital relationship. You may either intend to reconcile, remain separated, or eventually divorce.

Often, separated couples use Separation Agreements to dictate which partner is responsible for what, and who will be the primary caretaker of the children, if any.

Divorce is when a married couple has received a divorce judgement. They are no longer married and are not considered to be a husband or a wife to their ex-partner.

Couples who are preparing to file for a divorce often use a Separation Agreement when they have already agreed upon how to divide their marital property and the custody of any children.

Living Separately and Apart

Whether or not you and your spouse are considered to be separated depends on your situation and jurisdiction. Living separate and apart does not necessarily mean that the each spouse has to live at a different residence. Often, a couple will continue living in different areas of the same home due to financial reasons or for children, although they consider themselves to be separated. Some jurisdictions do not allow you to be in the same residence.

Factors that will help you to prove that you are separated include:

  • Separating your finances, assets, and debts;
  • Physical separation, including sleeping separately, having meals at different times, and dividing the household tasks in order to limit the interaction with a spouse; or
  • Disengagement from the marital contract with the intention to divorce.

If you must live together, and still wish to separate, a Separation Agreement will help to prove that you have mutually divided your marital property and parental responsibilities.

Family Finances in a Separation Agreement

Once you and your husband or wife have decided to separate, you need to divide your marital property. This includes division of the matrimonial home, all assets, debts, property, and other financial family responsibilities.

Your Separation Agreement will only be considered in court if it is fair to both parties, so ensure that you divide all assets and debts in a way that leaves neither spouse unjustly better off than the other.

Spousal Support: Spousal support, or alimony, may be included in a Separation Agreement. It is usually paid from one spouse to another to assist in maintaining an accustomed financial lifestyle. The length and amount of alimony depends on:

  • The length of the marriage;
  • The health and age of both spouses;
  • Standard of living prior to separation;
  • Sacrifices and contribution of both spouses during marriage;
  • The income of each party; and
  • The future financial prospects of each spouse.

If you can come to an agreement regarding the amount and length of spousal support payments, and it is fair and reasonable to both parties, then it's likely the same alimony arrangements will be incorporated in your divorce judgment.

Child Support: Child support can be negotiated and included in your Separation Agreement. It must be reasonable and fair to each parent and their financial circumstances. If you can agree upon an amount, the payment dates, and the length of payments, you may include it on your Separation Agreement for consideration. However, the courts will have the discretion to decide what is in the best interest of the child.

Related Documents:

  • Prenuptial Agreement: A document used prior to marriage to divide assets, debts, properties, and other finances in case of a separation or death.
Sample Separation Agreement

Sample

Separation Agreement

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