Please note that this is a general sample, not a legally binding document. It is strongly recommended that you consult with an attorney or a legal professional to ensure your rights and interests are protected.
SEPARATION AGREEMENT
THIS AGREEMENT is made this _ day of ________, 20_____, by and between _______ (hereinafter “Husband”) and ____________ (hereinafter “Wife”).
WHEREAS, the parties were married on , in ___, Massachusetts, and since that time have been living together as husband and wife;
AND WHEREAS, the parties have found it impossible to continue living together and have separated;
AND WHEREAS, the parties wish to live separately and apart from each other and intend to dissolve their marriage;
AND WHEREAS, the parties wish to settle all of their rights, responsibilities, and obligations arising from their marital relationship, including but not limited to, matters relating to property division, alimony, child custody, child support, and visitation.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. CHILDREN
The parties have _ children born of this marriage: ___. The parties agree that the Wife shall have primary physical custody and the parties shall share joint legal custody. The Husband shall have visitation rights as detailed in the attached Parenting Plan.
2. ALIMONY
The Husband/Wife agrees to pay alimony to the Wife/Husband in the amount of $_______ per month, beginning ______ and ending ______. This alimony shall be reviewable under the laws of Massachusetts upon a change in either party’s financial circumstances.
3. DIVISION OF PROPERTY
The marital home located at ________________ shall be sold and the net proceeds shall be divided equally between the parties. All personal property has been divided to the mutual satisfaction of the parties, as listed in Exhibit A attached hereto.
4. DIVISION OF DEBT
The parties agree to equally divide all marital debt. Each party will be responsible for the debt as outlined in Exhibit B attached hereto.
5. TAXES
For the current tax year, the parties will file jointly. All future tax liabilities or refunds will be divided equally between the parties.
6. DISPUTE RESOLUTION
Any disputes arising out of this agreement will be mediated prior to any court action. The mediator will be agreed upon by both parties.
7. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, and understandings of every kind and nature between them.
8. GOVERNING LAW
This Agreement will be governed by and construed under the laws of the state of Massachusetts.
IN WITNESS WHEREOF, the parties have executed this Separation Agreement as of the date first above written.
__________ __________
Husband’s Name Wife’s Name
This is a very simplified version of a separation agreement and there may be many other factors to consider. Please use this as a starting point and consult with a legal professional.
At Reeves Lavallee, PC, we understand that considering separation is a challenging and often distressing process. Our firm is committed to providing compassionate and comprehensive legal support to guide you through every step of the process. If you or someone you know is contemplating separation, we invite you to reach out to our team of experienced attorneys. We’re here to help you navigate the complexities of separation agreements, and to protect your interests and those of your loved ones. Don’t navigate this journey alone – contact Reeves Lavallee, PC today for a consultation, and let us assist you in making informed decisions that can secure your future.