Distributive Justice

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Separation & Divorce

Sample Separation Agreement

Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues. If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations. Your attorney may choose to use the sample agreement as a resource, but will want to draft an agreement specifically tailored to your situation.

Note that if you and your spouse agree on a resolution to all of the main issues in the sample separation agreement prior to meeting with your attorneys, you may pay less in attorney’s fees. This might be a possibility in less complicated separations, such as those stemming from a short-term marriage with no children.

SEPARATION AGREEMENT

_______________________________, hereinafter referred to as “Husband,” and _______________________________, hereinafter referred to as “Wife,” hereby agree to the following:

A. Preliminary Matters

1. Husband and Wife were lawfully married on ____________, ______, at ________________ (city), ______________ (state), in the County of ________________. Because certain problems have developed between Husband and Wife, they hereby agree to live separately and apart, subject to the terms and conditions as set forth below.

2. Husband and Wife have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement.

3. Husband and Wife have each been advised and counseled by attorneys of their choosing regarding their legal rights as related to this agreement.

4. This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce or dissolution.

5. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to his or her reasonable costs and attorney’s fees.

B. Custody and Visitation

The children of this marriage are:

NameDate of BirthSocial Security Number
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

The following children will reside with Husband: ________________________________________________________________________________________________________________________________________________________________________________________________________________________

The following children will reside with Wife:
________________________________________________________________________________________________________________________________________________________________________________________________________________________

The following children will reside jointly with Husband and Wife:...
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