Monday, November 23, 2009

Example Separation Agreement

This was an assignment in school while obtaining my paralegal certificate. The names and facts herein are falsified and were created for the sole purpose of completing this assignment.


This agreement made this 27th day of May, 2008, between Karen Nicole Stevens, herein referred to as Wife and Daniel David Stevens, herein referred to as Husband.

The parties were married on September 1, 1992 in Boulder, Colorado. There are two children from this marriage named Jason Alexander Stevens born on July 4, 1995 and Jordan Michael Stevens born April 1, 1998.

Differences have arisen between the Husband and Wife as the result of which they are now living separate and apart. Husband and Wife have entered into this agreement freely, with the advice of counsel, and acknowledge the provisions are fair relating to their property rights, custody of their children as well as support to the spouse with more parenting time.

The Husband and Wife have made complete, fair and accurate disclosure to each other on all financial matters reflected in this agreement. Proof of this shall be attached to this agreement by means of financial affidavits.Neither party shall in any way molest, disturb or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other to associate, cohabit or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. Neither party shall directly or indirectly make statements to each other, or any other persons, which are derogatory of the other party.

Custody of the children will be shared but will primarily reside with the Wife. Both spouses will have equal decision-making rights. Husband will have custody every other weekend but may not have the children near Husband’s girlfriend because this would not be in the best interest of the children and may be detrimental to their relationships with their father and mother. The Husband and Wife must adhere to the parenting plan that is attached to this agreement. The Husband may come during the week and visit his children but may not bring his girlfriend nor take the children home with him at the end of the visit. Also if the Wife so desires she may visit the children on the weekend but must be agreed with by the Husband because this is the only times the Husband has to see the children.

The Husband must pay the wife in child support for the time the children are at home all week. Child support in the amount of $1130 per month shall be given to the Wife for the support and maintenance of the Husband and Wife’s two children. This support was based and calculated on the financial information of both spouses found in the financial affidavits attached to this agreement. This support is to terminate when the children reach the age of 18 years. The support payments are to begin when this agreement becomes effective. The payments are to be halved between the two times the Father gets paid in the month. In other words, $565 will be paid to the Mother from the first check the Father receives in the month and $565 will be paid to the Mother from the second check the Father receives in the month.
The property at 4135 Columbine Rd. Fort Collins, CO 80525 is to be given the full deed to the Wife by the Husband. The Husband chose to leave the home and dissolve the marriage and it is in the best interest of the children not to have to move homes or schools. The Wife has an obligation to refinance the home loan within six months to get the Husband’s name off the loan. The Husband must pay $702.50 each month for the home loan until the Wife has refinanced the home loan. This is approximately half of the cost of the monthly payment for the current home loan.

The $10,000 the parties owe the petitioner’s parents for their home is to be added to the refinanced home loan that the petitioner receives. This money will be paid to the parents upon distribution of the refinanced loan.

The Husband and Wife are responsible for paying half of all the credit card debt that has accrued from their marriage. They owe approximately $7900 of which Husband and Wife respectively owe $3950. This is to be paid at the same rate that the parties paid while still married but split in half between the parties.

The Husband is entitled to the bedroom set the parties currently own. The Wife is entitled to the antique bedroom set that she inherited from her Aunt Tillie. The Husband will retain his coin collection free from any equity to pay the Wife. The rest of the personal property will be divided equitable amongst the parties after the signing of this document.



_______________________ __________
Petitioner Date

_______________________ __________
Respondent Date

_______________________ ___________
Witness Date

_______________________ ___________
Witness Date

1 comment:

  1. Nice Post, Thank you for the sharing but I know one good and best separation agreement is a contract between a husband and wife when they separate from each other. In this document they resolve such matters as property division, debts, custody and support. For more details: https://wakemediation.com/

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