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Example of a Simple Separation Agreement

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.


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

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