Microsoft Word - SEPARATION AGREEMENT-Putnam County.doc

SEPARATION AGREEMENT:

NOTICE AND WARNING

THE FORM PROVIDED FOR THE SEPARATION AGREEMENT MAY NOT

ADEQUATELY COVER ALL THE PROPERTY ISSUES THAT ARE INVOLVED IN

YOUR PARTICULAR CIRCUMSTANCES. IT IS INTENDED AS GUIDANCE

ONLY, NOT EITHER AS A REQUIRED FORM OR AS A COMPLETE FORM FOR

ALL CASES. YOU ARE RESPONSIBLE FOR MODIFYING THE AGREEMENT TO

FIT YOUR CIRCUMSTANCES OR FOR FINDING A FORM THAT FITS YOUR

CASE MORE ACCURATELY.

WE HAVE PROVIDED NO SEPARATION AGREEMENT FORM FOR CASES

INVOLVING MINOR CHILDREN DUE TO THE COMPLEXITY OF THOSE

AGREEMENTS AND ORDERS, INCLUDING MULTIPLE STATUTORY

REQUIREMENTS AND NOTICES.

SEPARATION AGREEMENT

(Without Minor Children of the Marriage)

This is an important legal document, and you may want to get the advice of

an attorney. Read this agreement carefully and completely before you sign it.

This AGREEMENT is made between ______________________________ (name)

and ________________________________ (name), Husband and Wife, to determine all

property rights, including property and debt distribution, between them.

The parties to this Agreement represent the following:

1. They were married on _______________________ (date) in ____________________

(city and state).

2. Irreconcilable differences have arisen between the parties and (check one below)

_____ they are now living separate and apart, or

_____ they desire immediate separation and intend to separate.

3. There are no minor children of the marriage, either by birth or adoption, and the Wife

is not pregnant.

4. The parties intend this agreement to be a full and complete settlement of their rights,

one to another, as to the duty of support to one another now or in the future, any rights of

inheritance from one another, and any rights to any interest in or to any property of the

other, whether acquired before, during, or after marriage, or other rights or benefits that

may arise from the marital relationship.

The parties therefore agree as follows:

ARTICLE ONE. Separation

Each party shall hereafter live separate and apart from the other, and neither shall

annoy, molest, interfere with or harass the other in any way or manner, either directly or

indirectly.

ARTICLE TWO. Spousal Support (each party must initial applicable provision).

_____ _____ Neither party shall pay to the other any amount, either in

installments or in a lump-sum, for spousal support. This provision

may not be modified.

_____ _____ The ____ Husband or ____ Wife (check one) shall pay to the

other party the sum of $_____________ weekly or monthly

(indicate which) in spousal support. The terms of this obligation

are (include for what period; what events would terminate the

obligation, e.g. remarriage, cohabitation; whether the court can

modify the amount or term):

________________________________________________________________________

ARTICLE THREE. Division of Property and Debts.

A. Real Estate (choose Option One or Two by both parties initialing)

Option One: _____ _____ The parties own no real estate to divide.

Option Two: _____ _____ The parties own real estate located at (address): ________

_______________________________________________. The parties agree as follows

regarding the real estate (include whether to be sold or if one party will keep it; if to be

sold, how and what will happen to any proceeds; if one party is keeping it, whether

refinancing is required; whether any payment is due the other for the equity in the house;

whether one party has to sign a deed over to the other):

________________________________________________________________________

B. Household Goods, Furnishings and Personal Property (choose Option One

or Two by both parties initialing)

Option One: _____ _____ Each party shall keep any households goods, furnishings,

and personal property now in that party's possession, free

of any claim of the other.

Option Two: _____ _____ Except as listed here, each party shall keep the household

goods, furnishings, and personal property in that party's possession. The following items

need to be delivered to the party not now in possession (list items and who will deliver to

whom and when the delivery will occur):

________________________________________________________________________

C. Motor Vehicles (choose Option One or Two by both parties initialing)

Option One: _____ _____ Each party shall retain title to and possession of all motor

vehicles, boats, campers and other titled or registered conveyances, now titled or

registered in that party's name. The party retaining the vehicle shall be solely responsible

for any debt on or expenses regarding that vehicle and hold the other harmless from

liability.

Option Two: _____ _____ Except as listed here, each party shall retain title to and

possession of all motor vehicles and other forms of titled or registered conveyance. The

following agreement is made regarding the motor vehicles (identify any vehicle that

needs to be transferred to the other party and who is responsible for any debt on the

vehicle)_________________________________________________________________

________________________________________________________________________

______________________________________________________________________.

There is a joint debt on ___________________________________ (identify vehicle), i.e.

both of us signed the note to pay for the vehicle, and we agree that _____the Husband

_____the Wife (check one) will pay for that vehicle and hold the other party harmless

from liability.

D. Bank Accounts and Employee Benefits (choose Option One or Two by both

parties initialing)

Option One: _____ _____ Each party shall retain any bank or investment accounts in

that party's name as well as any employee benefits, including pension, retirement, stock

ownership, 401(k) or other employer plans, free and clear of any claim of the other.

There are no joint accounts to be closed and/or divided.

Option Two: _____ _____ The parties agree to divide their bank accounts and

employee benefits as follows (include details of how the accounts, and which accounts,

will be divided):

________________________________________________________________________

E. Life Insurance Policies (choose Option One or Two by both parties

initialing)

Option One: _____ _____ Each party shall retain any life insurance policies owned by

that party, and the parties give up any interest in being named beneficiary of the other's

policies.

Option Two: _____ _____ The parties agree as follows regarding their life insurance

policies (identify the policies to which the agreement applies):

________________________________________________________________________

F. Debts (choose Option One or Two by both parties initialing)

Option One: _____ _____ Each party shall pay those debts in that party's name, and

neither party shall incur any debt in the name of or on the credit of the other party. There

are no joint debts.

Option Two: _____ _____ The parties agree as follows regarding their debts (identify

the debt, the amount, and the party who will be paying that debt):

________________________________________________________________________

ARTICLE FOUR. Court Costs and Attorney Fees.

The court costs shall be paid from the deposit made with the Clerk of Courts, and any

excess shall be paid by ____ the Husband or ____ the Wife or ____ equally (check one)

within sixty (60) days of the final decree of dissolution or divorce.

Each party is responsible for any attorney fees incurred by that party, or the parties

agree as follows (if left blank, the parties pay their own fees)

_________________________________.

ARTICLE FIVE. Complete Settlement.

This Agreement is a full and complete settlement of all spousal support rights and

property rights between the parties, each of whom does, by the provisions of this

Agreement, release, satisfy, and discharge all claims and demands against the other,

including rights of dower, inheritance, descent and distribution, allowance for year's

support, exemption from administration, all rights as surviving spouse, heir, legatee, and

next of kin, in the estate of the other, and all rights to administer the estate of the other,

and in all property rights that each now has, or may acquire in the future, except as

specifically agreed in this Separation Agreement.

This Agreement shall be binding on the parties' heirs, administrators, executors and

assigns.

Please both initial to indicate your acceptance of this Article: _____ _____

ARTICLE SIX. Incorporation Into Decree.

It is agreed and understood that this Agreement shall not constitute consent by either

party to a divorce or dissolution of marriage; however, in the event that either party files

a divorce action or a dissolution proceeding is begun, the parties agree that this entire

Agreement shall be disclosed and presented to the Court in that proceeding or in any such

proceeding now pending, with the request that it be determined to be fair, just and proper,

and that this Agreement and all its terms and provisions be adopted by that Court and

made a part of the Order of the Court in its final decree of divorce or dissolution.

Please both initial to indicate your acceptance of this Article: _____ _____

ARTICLE SEVEN. Implementation of Agreement.

Except as otherwise provided in this Agreement, each party shall, upon the signing of

this Agreement, deliver to the other party, or permit the other party to take possession of,

all items of property to which each is entitled.

Within fourteen (14) days after the journalization or filing of a decree of dissolution or

divorce that incorporates this Agreement, whether modified or amended, each party shall

execute or sign and shall deliver any and all deed, titles, certificates, or other documents

necessary to carry out the terms of this Agreement. Upon the failure of either party to

deliver any document, this Agreement shall constitute and operate as the properly

executed document, and the County Auditor, County Recorder, and Clerk of Courts, and

any other public and private officials are hereby authorized and directed to accept this

Agreement, or a properly certified copy of it, in lieu of the document regularly required

for such conveyance or transfer.

Please both initial to indicate your acceptance of this Article: _____ _____

ARTICLE EIGHT. Full Knowledge and Disclosure.

Each party acknowledges that he or she has read all the terms and conditions of this

Agreement and understands all the terms.

Each party further represents that he or she has made a full and accurate disclosure of

assets and liabilities, earnings and benefits, so that the other party could take that into

account in negotiating this Agreement. Each party further represents that he or she is

satisfied with the disclosure made by the other party.

Please both initial to indicate your acceptance of this Article: _____ _____

ARTICLE NINE. Modification of Agreement.

This Agreement may only be modified in writing, and any modification must be signed

by both parties. No waiver or breach of any one term shall be considered a waiver of any

other duty or right under this Agreement, including any subsequent breach or default of a

similar nature.

Please both initial to indicate your acceptance of this Article: _____ _____

IN WITNESS WHEREOF, the parties have signed this Agreement before the witnesses

and on the date set forth below:

Signed in the presence of:

____________________________ ___________________________________

Signature of witness to Husband Signature of Husband

____________________________ ___________________________________

Signature of witness to Husband Printed Name of Husband

___________________________________

Date Signed

____________________________ ___________________________________

Signature of witness to Wife Signature of Wife

____________________________ ___________________________________

Signature of witness to Wife Printed Name of Wife

___________________________________

Date Signed