Note: This document is presented for educational purposes
only. It should not be used as a model agreement nor should it be considered to
contemplate all of the matters properly covered by any such agreement in a particular
case. A separation agreement is an important legal document that should be entered into
only upon the advice of an attorney.
SEPARATION AGREEMENT
AGREEMENT, made as of the ___th day of February, 1996, by and between PETER
HUSBAND, residing at 882 Round Hill Road, Greenwich, Connecticut 06830 (hereinafter
referred to as the "Husband"), and DONNA WIFE, residing at 1465 Clapboard Ridge
Road, Greenwich, Connecticut 06830 (hereinafter referred to as the "Wife").
W i t n e s s e t h :
WHEREAS, the parties hereto were duly married in London, England, on August 13,
1989; and
WHEREAS, there are no children of the marriage; and
WHEREAS, the parties, in consequence of disputes and irreconcilable differences,
have suffered an irretrievable breakdown of the marriage, intend to separate and live
separate and apart from each other, and have voluntarily and mutually agreed to live
separate and apart; and
WHEREAS, the parties have been fully and independently apprised of their
respective rights and obligations with respect to their marital relationship, and each has
been informed fully of the other's assets, property, income and prospects; and
WHEREAS, the parties desire to settle their financial, property and other rights
and obligations arising out of the marriage and otherwise.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein
contained, the parties hereto agree as follows:
1. Separate Residences. The Husband and Wife shall continue to live separate and
apart from each other. Each may reside from time to time at such place or places as each
may determine in his or her sole discretion.
Each shall be free from harassment, interference, molestation, authority and control,
direct and indirect, by the other, as fully as if he or she were single and unmarried.
Neither of the parties hereto shall interfere with the other in his or her respective
liberty of action or conduct, and each agrees that the other, at any and all times, may
reside and be in such place and with such relatives, friends and acquaintances as he or
she may choose. Each party agrees not to molest the other or compel or seek to compel the
other party to cohabit or dwell with him or her, or institute any proceedings for the
restoration of conjugal rights.
2. The Marital Residence. The Husband and Wife previously resided together as
tenants of premises known as 82 Fairweather Street, Cos Cob, Connecticut (hereinafter
referred to as the "Leased Premises"). The Husband shall be exclusively entitled
to occupancy of, and to reside at, the Leased Premises, and the rent and any other
expenses incurred in connection with the Leased Premises shall be paid exclusively by the
Husband. Upon termination of the lease of the Leased Premises, the security deposit
relating thereto in the amount of $1,500 shall be divided equally between the parties.
3. Personal Property. The parties acknowledge that they previously have made a
division and settlement of their personal property and personal effects, and that each is
and shall be the owner of all personal property now in his or her possession. The parties
agree that all furniture and household furnishings located in the Leased Premises shall be
the exclusive property of the Husband, except for the items listed on Schedule
"A" annexed hereto, which shall be the exclusive property of the Wife. The Wife
shall remove such items from the Leased Premises at a time or times mutually convenient to
the parties.
Except as otherwise expressly provided herein, each party shall own, as his or her
separate property, free of any claim or right of the other, all items of property, real or
personal, of whatever kind or wherever located, which are now in his or her name, control
or possession, with full power to dispose of the same as fully as if unmarried. Each party
shall own, have and enjoy, free of any right or claim of the other party, all property
hereafter acquired by such party.
4. Responsibility For Debts. Each party represents and warrants that, except as
set forth herein, he or she, as the case may be, has not incurred or contracted any debts
or obligations for which the other or any property of the other may be liable, either
individually or jointly. Each party agrees that he or she hereafter shall not incur any
debts or obligations for which the other may be liable. Each party shall indemnify and
hold the other harmless from and against any costs and expenses (including reasonable
attorneys' fees and disbursements) resulting from a breach or violation by such party of
any representation, warranty or covenant contained in this Article 4.
5. Bank Accounts. The parties acknowledge that there are no funds presently on
deposit in the names of the Husband and Wife jointly at any bank, except for the sum of
$14.91 in a joint account with Citibank, N.A. The parties agree that all monies on deposit
in the names of the Husband and Wife jointly shall be divided equally between the Husband
and Wife. The parties hereby waive all claims with respect to funds previously withdrawn
from the joint bank accounts of the parties.
6. Maintenance and Support. Each party agrees his or her resources and income
are sufficient to provide for his or her own proper maintenance and support and waives any
claim for alimony. The provisions of this Article 6 shall be non-modifiable for any
reason.
7. Income Taxes. The parties have heretofore filed certain joint Federal, State
and local income tax returns. Each party represents to the other that to the best of his
or her knowledge and belief all income taxes shown to be due on such returns have been
duly paid, and that no interest or penalty is due with respect thereto. The parties shall
execute and file joint tax returns for the calendar year 1995. Any refund payable with
respect to any joint tax return, now or hereafter filed, shall be paid to the Husband and
Wife in equal shares, and the Husband and Wife shall endorse refund checks and take such
other actions as may be necessary or appropriate to effectuate such payment. If there is
any deficiency or tax liability assessed on any jointly filed tax return, such deficiency
or tax liability, with any interest or penalties thereon, shall be paid by the Husband and
Wife in proportion to their respective incomes for the tax year, unless and to the extent
that the same has been caused by the failure or neglect of the other party. The parties
shall cooperate in the preparation of any tax returns to be jointly filed, so that they
may be reviewed at a suitable time before the due date thereof. If there is an audit or
examination of any joint tax return, each party shall furnish such records, documents and
other information as may be reasonably requested in connection therewith.
8. Medical Insurance. Each party presently has hospitalization and major medical
insurance provided to him or her as an incident of employment and waives any right to
participate in any present or future coverage of the other party.
9. Waiver of Claims to Pension Plans. Each of the parties hereto hereby waives
and releases any and all claims or rights with respect to any pension or retirement plans
of the other party.
10. Mutual Release and Discharge of Claims in Estates. Each party shall have the
right to dispose of the property of such party by last will and testament in such manner
as such party may deem proper in the sole discretion of such party, with the same force
and effect as if the other party had died. Each party, individually and for his or her
heirs, executors, administrators, successors and assigns, hereby waives, releases and
relinquishes any and all claims, rights or interests as a surviving spouse in or to any
property, real or personal, which the other party owns or possesses at death, or to which
the other party or his or her estate may be entitled. Each party expressly waives all
rights which he or she now or may hereafter have pursuant to any provisions of the laws of
any State or country which may have jurisdiction over the estate of either party hereto on
his or her death, as now or hereafter in effect, to elect to take in contravention of the
terms of any will of the other party, whether now or hereafter executed.
11. Mutual Release of General Claims. Except as expressly provided in this
Agreement, each party hereby waives, releases and discharges all claims, causes of action,
rights or demands, known or unknown, past, present or future, which he or she now or
hereafter has, might have, or could claim to have against the other by reason of any
matter, thing or cause whatsoever, prior to the date of this Agreement. Nothing in this
Article 11 shall be deemed to prevent either party from enforcing the terms of this
Agreement or from asserting any rights or claims expressly reserved to either party in
this Agreement. Nothing herein shall impair or waive any cause of action which either
party may have against the other for a dissolution of the marriage or any defenses either
may have to any such cause of action.
The parties, by execution of this Agreement, have provided for a fair and equitable
distribution of all property belonging to the parties. Each party has had a full
opportunity to read this Agreement and has consulted at length with counsel or other
persons of his or her own choosing and acknowledges that this Agreement has been achieved
after full disclosure, competent legal representation and honest negotiations.
12. Legal Representation. In connection with this Agreement, the Wife has been
advised to seek the advice of independent counsel of her own selection, but has determined
not to do so; and the Husband has had the benefit of the advice of Hilary B. Miller, Esq.,
independent counsel of his own selection. Both parties acknowledge that this Agreement has
been achieved after competent legal representation and honest negotiations. Nothing herein
shall be construed as a waiver or denial of the right of either party to secure payment of
attorneys' fees as provided by law for any breach by the other of any provision of this
Agreement. Without limiting the generality of the foregoing, in the event of any legal
proceedings for breach or to enforce this Agreement, the prevailing party shall be
entitled to recover all of his or her costs and expenses, including reasonable attorneys'
fees and disbursements.
Each party acknowledges that all of the matters embodied in this Agreement, including
all terms, covenants, conditions, waivers, releases and other provisions contained herein,
are fully understood by him or her; that he or she is entering into this Agreement freely,
voluntarily and after due consideration of the consequences of doing so; and that this
Agreement is valid and binding upon him or her.
13. Full Disclosure. Each party has made independent inquiry into the complete
financial circumstances of the other, and acknowledges that he or she is fully informed of
the income, assets, property and financial prospects of the other, and is satisfied that
full disclosure has been made.
14. Merger and Survival. In the event that either party obtains a judgment,
order or decree of divorce against the other, the provisions of this Agreement expressly
shall be incorporated in the text thereof with such specificity as the court shall permit
and by reference as may be appropriate under law and the rules of the court. All of the
provisions of this Agreement shall be incorporated in any judgment or decree of divorce.
This Agreement shall survive, and not be merged in, any judgment, decree or order, and the
parties hereto shall remain bound to the performance of this Agreement in accordance with
the terms hereof.
15. General Provisions. This Agreement is entire and complete and embodies all
understandings and agreements between the parties. No representation, warranty, agreement
or undertaking of any kind or nature has been made to either party to induce the making of
this Agreement, except as is expressly set forth herein. The parties acknowledge that
there is no other agreement, oral or written, existing between them. No oral statement or
prior written matter outside of this Agreement shall have any force or effect.
This Agreement shall not be amended, modified, discharged or terminated except by a
writing executed and acknowledged by the party sought to be bound. It is the intention of
the parties that the division and transfer of property provided for in this Agreement
shall be final, unless the parties hereto shall hereafter agree to the contrary in
writing. This Agreement shall not be terminated or otherwise affected by a reconciliation
of the parties hereto or a resumption of marital relations, unless such termination or
other modification of the terms of this Agreement shall be in writing and duly executed
and acknowledged by the parties.
Any waiver by either party of any provision of this Agreement, or of any right or
option hereby, shall not be deemed a continuing waiver and shall not prevent such party
from thereafter insisting upon the strict performance or enforcement of such provision,
right or option. The failure of either party to insist in any one or more instances upon
the strict performance of any of the provisions of this Agreement by the other party shall
not be construed as a waiver or relinquishment for the future of any such provision, and
the same shall continue in full force and effect.
The parties agree that each of them, upon request of the other party or the legal
representatives of the other party, shall execute and deliver such other and further
instruments as may be necessary or desirable for the purpose of giving full force and
effect to the provisions of this Agreement, without charge therefor.
Each party shall notify the other, by registered or certified mail, of any change of
address or telephone number within five days of such change.
This Agreement and all rights and obligations of the parties hereunder shall be
construed according to the laws of the State of Connecticut. If any provision of this
Agreement should be held to be invalid or unenforceable under the laws of any State,
country or other jurisdiction, the remainder of this Agreement shall continue in full
force and effect. Each of the rights and obligations of the parties hereunder shall be
deemed independent and may be enforced irrespective of any other rights and obligations
herein. This agreement may be executed in counterparts.
This Agreement shall be binding upon the parties hereto, and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
____________________________________
PETER
HUSBAND
____________________________________
DONNA WIFE
Return to top of page
Return to Connecticut Divorce Home Page
|
