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Property Settlement And Separati

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					                                 INSTRUCTION SHEET

                 Property Settlement and Separation Agreement
                                    Sample
Additional Information
    Overview of Divorce

1. PURPOSE: The purpose of a Property Settlement and Separation Agreement is to
resolve as many of the financial, custodial and visitation issues of the marriage as the
parties can agree to.

2. SAMPLE: The Sample Property Settlement and Separation Agreement attached, is
guidance on possible provisions that may be useful in your case. The initial provisions
regarding custody, visitation, child support, spousal support, medical insurance, furniture
and belongings, personal property and pensions/retirement/401K plans and real property
will vary depending on the circumstances of your case. The other provisions are meant
to clarify the understanding of the parties and the effect of the agreement. The
provisions contained in the sample are typical provisions, however, the circumstances of
your case may not require all the provisions or may require additional provisions not
included in the attached Sample.

3. SEEKING ADVICE FROM AN ATTORNEY: If you waive a right that you may be
entitled to, such as spousal support or any right related to property/debt matters, than
you will likely waive it forever. It is therefore strongly recommended that you seek the
advice of an attorney before signing any Property Settlement and Separation Agreement
to ensure that you are aware of all of your rights.




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              PROPERTY SETTLEMENT AND SEPARATION AGREEMENT

THIS AGREEMENT made this ______ day of ___________________, _______, by and
between the wife, ________________________, hereinafter known as Wife, and the
Husband, _________________________, hereinafter known as Husband.

        WITNESSETH
WHEREAS, the parties hereto were married to each other on ___________________ in
______________[city], _________________[state] and certain differences have arisen
between them which appear to be irreconcilable, and because of this the parties are now
living separate and apart from each other; and
WHEREAS, there were no children born to the parties; and
[OR] there were ______ children born of the marriage, whose names and dates of birth
are: ________________________________________________________________
________________________________________________________________; and
WHEREAS, it is agreed and stipulated that the parties have separated from each other
since _______________________; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein set
forth, Husband by his signature below, and Wife by her signature below, do contract and
agree to be bound by the terms that here follow:

1.     CHILD CUSTODY AND VISITATION
With respect to the parties minor children, the parties agree as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________
With respect to visitation with the children by ____________________ for weekend,
holiday and summer visitation, the parties agree as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________

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Each party shall give at least thirty (30) days advance notice in writing to the other party
of their intention to relocate and/or change residence, pursuant to Va. Code Section 20-
124.5. Such written notice shall provide the other party with the intended date of change
of address, the specific street, city or county, state and zip code of the intended new
address.

2.      CHILD SUPPORT
The parties agree that ________________ shall pay to ___________________, the
amount of __________________ per month for child support for the parties minor
children to be paid in _____ monthly installments on the ______________ days of each
month.
This support will continue to be paid for any child over the age of eighteen who is (I) a
full-time high school student, (ii) not self-supporting, and (iii) living in the home of the
party seeking or receiving child support, until such child reaches the age of nineteen or
graduates from high school, whichever first occurs, pursuant to Section 20-124.2.C of the
Virginia Code.
The parties agree that for the dependant child exemption for the children shall be taken
by __________________ in the year _________ and thereafter.

3.     SPOUSAL SUPPORT
The parties agree that ________________ shall pay to ___________________, the
amount of __________________ per month for spousal support for the parties minor
children to be paid in _____ monthly installments on the ______________ days of each
month. Said spousal support shall continue until further order of the court, the death of
either party, the marriage of Wife, or the cohabitation of Wife in a relationship analogous
to marriage.

4.    FURNITURE, FURNISHINGS AND BELONGINGS
The parties agree to divide the following furniture, furnishings and belongings as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________
[OR]

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The parties agree that each shall keep the furniture, furnishings and other personal
property which they owned prior to the marriage and which was received as gifts or
inheritance from someone other than the parties during the marriage. In addition, the
parties agree that they shall each keep all furniture, furnishings and other personal
property which is now in their possession and such property will belong to that party,
free and clear of the interest or claim of the other party. Husband waives any right to
any property in the possession of the Wife and Wife waives any right to any property in
the possession of Husband.

5.    PERSONAL PROPERTY
The parties agree that the following savings and/or checking accounts and/or investment
accounts of the parties are to be divided amount the parties as follows: See Addendum
for Protected Identifying Information – Confidential

6.      MOTOR VEHICLES
The __________________________________[model, make, year of car] shall become the
sole and separate property of Wife, free and clear of any right, title or interest of
Husband. Wife agrees to transfer the titles into her name alone and to become totally
and solely responsible for any liability associated thereto, including, but not limited to,
any payments owed on said automobile, its maintenance and upkeep, personal property
taxes and insurance, and shall insurance, and shall indemnify and hold Husband harmless
from any and all liability arising from the same.
The __________________________________[model, make, year of car] shall become the
sole and separate property of Husband, free and clear of any right, title or interest of
Wife. Husband agrees to transfer the title into his name alone and to become totally and
solely responsible for any liability associated thereto, including, but not limited to, any
payments owed on said automobile, its maintenance and upkeep, personal property taxes
and insurance, and shall indemnify and hold Wife harmless from any and all liability
arising from the same.

7.     DEBTS OF THE PARTIES
The parties agree that they have marital debt as listed below and that each shall be
responsible for payment of the listed debt as follows and shall indemnify and hold the
other party harmless from any and all liability arising from said debt or loan: See
Addendum for Protected Identifying Information – Confidential

[OR]
The parties agree that they shall each be solely responsible for their own debts. The
parties agree that Husband shall indemnify and hold harmless, Wife, from any and all
liability arising from his debts or loans. Wife shall indemnify and hold harmless,
Husband, from any and all liability arising from his debts or loans. Subsequent to the
date of execution of this Agreement, each party agrees to be responsible for his or her
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own debts as he or she incurs same, and each agrees not to charge debt to the other
party or to attempt to obligate the other party in any way to any creditor. Each party
agrees to make all of his and her debt payments promptly and regularly as may be
required by the respective creditors and each agrees to hold the other harmless there
from.

8.     MEDICAL INSURANCE
_______________ currently maintains medical insurance for ____________ and for the
minor children. _____________ agrees to maintain at her expense, medical or health
insurance, or an approximately equivalent policy, covering ___________________
________________________________ and the minor children.

9.     PENSION/RETIREMENT/401K ACCOUNT
The parties agree that __________________ shall be entitled to receive fifty percent
(50%) of the marital share (to include any appreciation thereto) in the
____________________________________ [name pension plan/retirement account/401K
Plan]. The marital share of the above-named plan/account shall be defined as the
amount in the plan/account that accrued between the date of marriage of the parties

time of divorce, the parties shall enter a Qualified Domestic Relations Order providing for
this division of the above-named plan/account.

10. REAL PROPERTY
The parties agree that marital home located at
_______________________________________________________________
_______________________________ shall be sold and that the net proceeds of the sale
of the home, after payment of all ordinary expenses from the gross proceeds of the
home, shall be divided equally by the parties. Neither party shall unreasonably withhold
their consent to the sale of the home.

[OR]
_____________________ shall have exclusive use and possession of the marital
residence located at ____________________________________________ until
____________ [date] at which time the parties agree that the home will be listed for sale
with a mutually agreed upon real estate agency and sold. Neither party shall
unreasonably withhold their consent to the sale of the home. Upon the sale of the home,
the net proceeds of the sale of the home, after payment of all ordinary expenses from
the gross proceeds of the home, shall be divided equally by the parties.


11. FREEDOM FROM INTERFERENCE
The parties shall be free from interference, authority or control of the other as fully as
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though each were unmarried. Each may engage in any business or profession as each
may choose free from any business or profession as each may choose free from any1
influence from the other. Each may reside where he or she may choose free without
restriction of the other. Each may choose his or her friends to associate with, whether
they be of the same or the opposite sex, and the other shall not inquire as to the nature
of the relationship, nor interfere with it in any way. The parties agree not to molest or
harass each other at their respective places of employment, residence, on the streets or
elsewhere.

12. WAIVER OF INTEREST IN PROPERTY
Except as otherwise here provided, each party hereby relinquishes and release all
statutory and common law rights which each may have or in the future may acquire to
any property, real or personal, which the other now owns or may hereafter acquire and
each agrees that he or she will, upon request of the other, execute and deliver such
releases or assurances as may be desired by the other to indicate, demonstrate or carry-
out the release and relinquishment of such interest.

13. WAIVER OF INTEREST IN ESTATE
Except as may be otherwise provide herein, each party hereby now and forever waives
and releases in favor of the other all claims or demand arising out of the marriage
relationship, including dower and courtesy rights, homestead allowance rights, family
allowance rights, the right to elect against a will of the other, the estate under Virginia
Code Section 64.1-13 or successor section, the right to any distribution of the estate of
the other, the right to any distribution of the estate of the other, the right to inherit any
property of the other by Will or by the laws of intestacy, the right to act as executor or
administrator for the estate of the other, and any other such similar or related acts.
These waivers are intended to be fully effective and binding both under general principles
of law and Virginia Code Section 64.1-151.6. This shall not constitute a bar or waiver of
either party to take a bequest or to serve in any capacity according to the Will of the
other if said Will was executed subsequent to the execution of this Agreement.

14. ENFORCEMENT
In the event that either party should take legal action against the other by reason of the
other's failure to abide by this Agreement, the party who is found to be substantially in
violation of this Agreement shall pay to the party who substantially prevails in said action,
the prevailing party's reasonable attorney's fees, investigators costs, court costs and any
other costs reasonably incurred in the enforcement of this Agreement.
Any such costs incurred by a party who substantially prevails in the defense of any action
for enforcement of any of the agreements, covenants or provisions of this Agreement




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shall be borne by the parties seeking to enforce compliance.

15. EXECUTION OF DOCUMENTS
The parties hereto agree that each will execute any necessary documents required
reasonably to carry out the terms of and intent of this Agreement so as to enable either
party to sell, convey, or otherwise dispose of his or her real or personal property, free of
any rights or interests of the other party. Such documents may include deeds to real
property, titles to automobiles, certificates of stock, certificates of deposit, deeds of trust
to property owned by the other party, etc.

16. MODIFICATION OR WAIVER
It is understood that no modification of the terms of this Agreement shall be valid unless
such modification is in writing, signed by the party to be bound by such modification. No
waiver of any default of this Agreement shall constitute a waiver of any other or any
subsequent default.

17. GOVERNING LAW
This Agreement shall be construed under the laws of the Commonwealth of Virginia
existing at the time of the execution of the Agreement.

18. INCORPORATION INTO DIVORCE
The parties agree that this Agreement in its entirety shall be submitted to the Court in
which any divorce action is filed and it shall be ratified, approved and shall be
incorporated into and made a part of the Final Decree of that action. The parties each
agree not to oppose such incorporation and they agree that subsequently, this Agreement
shall be enforceable as part of said decree or independently as a contract between the
parties. In addition, the parties agree that any amendments or modifications to this
Agreement entered into after such incorporation into a Decree shall be incorporated in an
Amended Decree in order that the court record reflect the intent and meaning of the
parties' agreements.

19. SUBSEQUENT DEBTS, PLEDGING OF CREDIT
Each party agrees to be fully responsible for his or her own debts, charges and
obligations henceforth. Each agrees not to charge on accounts for which the other may
be liable without the express written consent of the other, nor to pledge the credit of the
other in any way without express written consent. Further, each party agrees to
indemnify the other in the event of any loss for any debts, charges or obligations created
by that party for which the other may suffer a loss.

20. SEVERABILITY
If any provision of this Agreement are found or held to be unenforceable or invalid, then
all other provisions of this Agreement shall continue to be in full force and effect, unless
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the part found or held to be unenforceable or invalid causes a material and substantial
failure of consideration in the basic intentions and bargains of the parties.

21. BINDING EFFECT
The parties hereby covenant and agree that all stipulations, agreements and provisions
shall continue and apply in full force and effect and shall be obligatory upon the parties
hereto, their heirs, assigns, executors, administrators, trustees, successors-in-interest,
etc., whether so expressed or not.

22. PRIOR AGREEMENTS INVALID
In consideration of the covenants and agreements contained herein, the parties do
hereby cancel, nullify and invalidate any and all prior agreements as to the subject matter
covered in this Agreement

23. FULL DISCLOSURE OF ASSETS AND OBLIGATIONS
This Agreement is made upon the assumption that each of the parties hereto has made a
full, complete and total disclosure to the other of the nature and extent of all the assets.
As to any asset of a party to which no such full disclosure has been made by that party,
then this Agreement shall not apply to such asset and an appropriate Court is granted by
the parties full jurisdiction to divide such undisclosed assets equitably, pursuant to the
equitable distribution law of Virginia.

24.     UNDERSTANDING RIGHTS TO EQUITABLE DISTRIBUTION AND
        SUPPORT
Both parties hereto have been advised that under the laws of the Commonwealth of
Virginia they may have support rights, rights to equitable distribution of property, rights
to lump-sum awards of money, rights in the vested or unvested pensions of each other
and they may have other rights arising out of the marriage relationship of the parties. In
executing this Agreement, the parties waive any and all such rights as they may have to
pursue such remedies under the laws of the Commonwealth of Virginia, or under the
laws of another jurisdiction, and each agrees to accept the provisions of this Agreement
as full satisfaction for all such claims.

25. UNDERSTANDING THIS DOCUMENT
The parties agree that they are entering into this Agreement freely and voluntarily and
after due thought and consideration to all of the relevant facts and circumstances
regarding grounds of divorce, property rights and values support rights and interests of
any children involved. The parties acknowledge that they have had the opportunity to
seek legal advice of their own choosing independent of the choice of the other. The
parties each acknowledge that they have read the Agreement fully, they understand it
and they assent to it.

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26. COUNSEL FEES AND COURT COSTS
The parties agree that each will bear his and her own cost of representation by any
attorneys for the negotiation and preparation of this Agreement and for the fees and
costs which may be incurred in the obtaining of a divorce.

IN WITNESS WHEREOF, the parties hereto, after free and full discussion of the terms
contained herein and with an understanding of the meaning and intent of those terms
and provisions, have this day first mentioned placed their signatures and seals upon this
Agreement and by so signing they hereby agree with all the terms and provisions thereof.

Wife ___________________                        Wife ___________________
                   Signature                                   Printed


Husband ______________________                  Husband ___________________
                   Signature                                   Printed




State of Virginia:
County/City of _________________, to-wit:

I, the undersigned Notary Public for the County and State aforementioned, do hereby
certify that ________________________, whose name is signed to this document,
appeared before me this day in person and acknowledged same in my presence.

GIVEN under my hand this         day of                          , 200___.


Notary Public

My Commission Expires:                      .


State of Virginia:
County/City of ________________, to-wit:

I, the undersigned Notary Public for the County and State aforementioned, do hereby
certify that _______________________, whose name is signed to this document,
appeared before me this day in person and acknowledged same in my presence.

GIVEN under my hand this           day of                          , 200___.


Notary Public
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My Commission Expires:




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