Separation and Property Settlement Agreement
Document Sample
Separation and Property Settlement Agreement Powered By Docstoc
					                   Separation and Property Settlement Agreement

Agreement made on the (date), between (Name of Husband) of (street address, city,
state, zip code), referred to herein as Husband, and (Name of Wife), of (street address,
city, state, zip code), referred to herein as Wife.

Whereas, the parties were married on (date), in (Name of City), (Name of
County), (Name of State), and ever since have been and now are Husband and Wife;

Whereas, Husband and Wife have no children born of their marriage; and

Whereas, as the result of disputes and unhappy differences between the parties,
they have agreed to an immediate and permanent separation; and

Whereas, Husband and Wife intend and it is the purpose of this Agreement to make a
complete and final settlement of all claims that Wife may have against Husband for
alimony, support and maintenance, to provide fairly and adequately for her support and
maintenance, to memorialize the separation of the parties and their Agreement to
remain separated, and to finalize their Agreements as to the division of the property,
both real and personal, owned by them or either of them; and

Whereas, in order to ensure the full information and advice of both Husband and Wife,
each has retained and has been represented by independent legal counsel in
connection with the negotiations for and the drafting of this Agreement in the
consideration of the respective rights, duties, and obligations of the parties; and

Whereas, (Name of Wife's Attorney), of (street address, city, state, zip code), [has
represented Wife; and

Whereas, (Name of Husband's Attorney), of (street address, city, state, zip code), has
represented Husband;

Now, therefore, for and in consideration of the matters described above, and of the
mutual benefits and obligations set forth in this Agreement, the parties agree as follows:

1.     Living Separate and Apart. Husband and Wife may and shall live separate and
apart, each free from all dominion, restraint and control by the other, whether direct or
indirect, as fully as if unmarried. Each party may reside at such place or places as he or
she may select.
2.     No Molestation or Interference. Neither party shall molest or interfere with the
other or compel or attempt to compel the other to cohabit or dwell with him or her, by
any means whatsoever, by legal action or otherwise.

3.     Effect of Divorce or Dissolution of Marriage

       A.     This Agreement shall not be construed in any measure as consent to or
       condonation of a divorce in favor of either party or dissolution of marriage, but
       this Agreement shall not be a bar to an action for divorce or a proceeding for
       dissolution of marriage previously or in the future filed.

       B.     If a judgment or decree of divorce or dissolution of marriage is entered in
       any action or proceeding for the same, this Agreement and in particular the
       provisions for the custody and support of the children of the parties shall, if the
       court approves, be incorporated in, merged with, and become a part of such
       judgment or decree.

4.     Separate Property. Each party shall retain, have and enjoy, independently of
any claim, right or demand of the other party, all property of every kind, nature and
description and whatsoever situated that is now owned or held or is in the future
acquired by him or her, or stands in his or her name.

5.     Release of Estate Rights. Each party releases all right to share in the estate of
the other party, or to serve as personal representative of the estate of the other party,
except only as provided by w
Description: An agreement between husband and wife that confirms a separation that has already occurred, or that provides for an immediate separation, is generally valid and enforceable. Consideration ordinarily is required to support a separation agreement; however, settlement of the affairs of the spouses, such as the mutual agreement to divide property, may provide the requisite consideration. Ordinarily, if the parties are represented by independent counsel, there is no confidential relationship between them and the contract cannot be avoided on the ground that one party made a bad bargain. To evidence the fact that the parties dealt at arm's length, it is recommended that the agreement be endorsed by the attorney for each party.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),