Here's a couple of EXAMPLE marital separation Agreements. Read them, and HAVE THEM CHECKED BY YOUR ATTORNEY, FIRST!!!
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into on ..........., at Santa Barbara, California, by and between MARY L. GEORGE, (referred to herein as "Wife") and ROBERT P. GEORGE (referred to herein as "Husband"), both referred to collectively as "The Parties," and is based upon the following facts which the parties agree to be true:
A. The parties were married to each other on ........, ..... in San Diego, California, and have been husband and wife continuously since that date. The parties separated on ........, ..... [OR: "The parties have actually separated and ceased marital relations except as set forth in this Agreement, but they have continued to reside in and both claim their principal residence to be the family home located at 423 S. Escondido Road, Santa Barbara, California."]
B. The parties are the parents of two minor children: a son, Robert P. George, Jr., born ........, ....., and a daughter, Glenna Elsa George, born .........., ...... The parties have had no other children of the marriage and have not adopted any children.
C. Irreconcilable differences have arisen between the parties which have led to the irremediable breakdown of their marriage. The parties agree that no further waiting period, marriage counseling, or conciliation efforts would save the marriage, and the parties have filed for [OR: "intend to file for"] dissolution of their marriage. The proceeding is pending in [OR: "will be filed in"] the Superior Court of the County of Santa Barbara, Case NO. 45,876, with Wife, Petitioner, and Husband, Respondent.
D. The parties intend this Agreement to be a final and complete settlement of all of their rights and obligations as between them, including property rights and property claims, the right of either Wife or Husband to spousal support, and the right of Wife to receive support for the minor children, subject to continuing jurisdiction of the Superior Court to order support for the minor children.
[OR, in those cases where some provisions are to be determined by the court: "The parties intend this Agreement to be a final and complete settlement of all their rights and obligations as between them regarding their community property interests, but the amount and duration of spousal support for Wife and child support for the minor children shall be determined by the court in the dissolution proceeding."]
E. The parties are presently both in good health, and neither has any known illness, disability or physical condition which renders either incapable of gainful employment or makes either subject to extraordinary medical or dental expenditures in the near future.
F. Husband is presently employed by Heywood Advertising Agency, and his earnings are solely those shown as wages from his employer on last year's Federal Income Tax return in the sum of $78,575 gross for that year, and $51,500 after tax and employee deductions.
G. Wife has not been employed outside the home since the date of the parties' marriage, but she was employed before the marriage as a medical secretary for Kaiser Medical Clinic and is presently employable in that occupation.
H. There is other income derived from community property of the parties which has been divided by the terms of this Agreement, and both parties are fully advised and agree as to the nature and amount of such income.
THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions and agreements set forth herein, the parties agree as follows:
1. Effective Date: This Agreement shall be and become effective as of the date of its execution as set forth on the first page of this Agreement.
[OR: "This Agreement shall be and become effective only on the date it is approved by the court in the pending dissolution proceeding. If not approved in its entirety by the court, this Agreement shall not become effective until thereafter ratified in a signed writing by both parties in the form finally approved by the court."]
[OR: "This Agreement shall be and become effective only after approval by the court in the pending dissolution proceeding and on the date that a final judgment of dissolution is entered in the judgment book."]
2. Independent Counsel: The parties acknowledge and agree that they each have been represented by separate and independent legal counsel and have relied on counsel of their own choosing at all stages of the negotiation, preparation and drafting of this Agreement. Each party further acknowledges that this Agreement has carefully been read by each respectively, has been explained to each by their respective counsel, and that each party fully understands the contents and legal effect.
[OR: "The parties acknowledge and agree that this Agreement was prepared by the attorney for Wife and that Husband was not represented by legal counsel. Husband acknowledges that he has been advised to obtain independent legal counsel, that he has voluntarily refused to consult with any attorney, that he has read and understands the contents and legal effect of this Agreement and has entered into it and signed it freely and voluntarily, and that he waives any right to rescind or set aside this Agreement except upon a finding that there has been an actual misrepresentation, knowingly made with intent to defraud."]
3. Voluntary and Informed Consent: The parties further acknowledge and agree that that they enter into this Agreement voluntarily, free from duress, fraud, undue influence, coercion, or misrepresentation or any kind.
4. Division of Community Property: The property itemized in Exhibits "A" and "B" attached to this Agreement and incorporated herein by reference is a complete list of all of the community [and quasi-community] property of the parties. The status of some items was disputed, but has now been agreed upon between the parties as set forth herein. Husband hereby transfers to Wife as her sole and separate property all of the property set forth in Exhibit "A". Wife hereby transfers to Husband as his sole and separate property all of the property set forth in Exhibit "B". The parties have made the transfers set forth in
this paragraph with the intent that such transfers constitute an equal division of their community [and quasi-community ] property.
5. Division of Other Jointly Owned Property: The parties presently own undivided one-half interests each in the joint tenancy real property described in Exhibit "E" attached to this Agreement and incorporated herein by reference. These joint tenancy interests shall be severed with the effective date of this Agreement and the parties will thereafter hold their interests therein as tenants in common.
6. Confirmation of Separate Property Interests: The property listed in Exhibit "C" attached to this Agreement and incorporated herein by reference was and is the separate property of Wife, and Husband confirms such property to Wife and waives any claim of interest therein. The property listed in Exhibit "D" attached to this Agreement and incorporated herein by reference was and is the separate property of Husband, and Wife confirms such property to Husband and waives any claim of interest therein.
7. Separate Property Interests in Husband's Pension Plan; Wife's Waiver of Rights: Husband presently owns a substantial beneficial interest in the Heywood Advertising Agency defined contribution pension plan. Wife acknowledges and agrees that pursuant to the terms of this Agreement, the pension funds presently held for the benefit of Husband listed in Exhibit "D" attached to this Agreement and incorporated herein by reference are his separate property, together with any and all income, interest, appreciation and increase of such funds.
Wife has been informed by her counsel and understands that pursuant to federal law, or the terms of Husband's defined contribution pension plan documentation, that s
