Separation, Spousal Support, Child Custody and Support,
and Property Settlement
Agreement made on the __________________ (date) , between
_____________________ (Name of Wife) of _________________________________
______________________________________ (street address, city, state, zip code) ,
referred to herein as Wife , and __________________ (Name of Husband) , of
______________________________________________________________________
(street address, city, state, zip code) , referred to herein as Husband .
Whereas, Husband and Wife are now married; and
Whereas, the parties were separated on or about _________________ (date) in
________________ (Name) County, and since that date have been living separate and
apart; and
Whereas, the parties are separated and now living separate and apart and desire
to make a mutually acceptable settlement of their rights, liabilities, obligations and
property rights arising out of and during the course of their marital relationship. No
reconciliation is contemplated.
Now, therefore, for and in consideration of the mutual benefits and advantages
accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as follows:
I. Child Custody
A. Husband and Wife were married on ________________ (date) , and
during the course of the marriage, ________ (number ) children were born,
namely ____________________ (Name of Child) , born _________________
(date) , and ___________________ (Name of Child) , born ________________
(date) . Both Husband and Wife are proper persons to have the permanent legal
and physical custody, care and control of the said minor children of the parties.
However, Wife shall have the permanent physical and legal custody, care and
control of the minor children of the parties, subject to Husband's reasonable
visitation rights as provided in this Agreement. Physical Custody of the children
by Wife means that the children shall reside with and shall be under the care and
supervision of Wife, subject only to Husband's visitation rights, and other rights
stated herein.
B. Both Husband and Wife shall have joint legal custody of the minor children
of the parties. Joint Legal Custody means that Husband and Wife shall share the
decision-making rights, the responsibilities and the authority relating to the
health, education and welfare of the children, and shall, therefore, make joint
decisions concerning the children's health, education and welfare. Both Husband
and Wife shall exchange information concerning the health, education and
welfare of the minor children, and shall confer with one another in the exercise of
decision-making rights, responsibilities and authority. Husband and Wife shall
have equal access to all medical, dental and school records concerning the
minor children. _______________ ( Husband or Wife ) shall be entitled to claim
children as dependents for Federal and State Income Tax.
II. Visitation Rights of Husband
Husband shall have reasonable visitation rights with the minor children of the
parties and, specifically, shall be entitled to visitation on the first and third weekends of
each month beginning _________________ (day) at ___________ (time) until
________________ (day) at _________ (time) to visit with the minor children of the
parties; alternating holidays, namely New Year's Day, Labor Day, Thanksgiving Day,
Easter, Memorial Day and July 4th, beginning with ____________________ (Name of
Holiday) ; the children's birthdays at such time as may be reasonable; Fathers Day; and
to visit with the children for _______ (number) weeks during the summer holidays from
school. Husband shall also have visitation rights with the minor children of the parties at
such reasonable times as may be agreed upon by the parties hereto.
III. Child Support
A. Husband shall pay unto Wife the sum of $____________ per month per
child as child support for the children of the parties hereto. The child support
payment shall begin on the first day of the month immediately following the
month in which this Agreement was executed by both Husband and Wife, and
shall thereafter be payable by the _____ day of each month, until the children
become self-supportive, emancipated, married or an adult.
B. Life Insurance.
Husband agrees to maintain a policy of life insurance in the amount of at
least $______________, naming the children as irrevocable beneficiaries and
Wife as trustee of the proceeds of the policy. Husband's obligation to provide life
insurance shall abate upon the emancipation of the children as defined below.
IV. Health Insurance and Medical Expenses
A. There are now in existence the following medical, hospitalization and
dental insurance policies for the benefit of the children (describe policies
including names of insurance company and policy numbers) ___________
________________________________________________________________
________________________________________________________________ .
Husband shall, at his own cost and expense, maintain these policies and keep
them in full force and effect.
B. Unreimbursed, Uncovered Expenses.
Husband agrees to pay of any uncovered health-related, unreimbursed
health related expenses incurred on behalf of the unemancipated children. The
health-related expenses shall include, but not be limited to, medical, dental,
hospital, optometric, orthodontic, and prescription drug expenses.
V. Spousal Support
A. Husband agrees to pay to Wife alimony of $___________ per week.
Husband's obligation to pay alimony as set forth in this Agreement shall
irrevocably terminate upon the earliest to occur of the following events:
1. Wife's death;
2. Husband's death; or
3. Wife's remarriage.
VI. Emancipation of Children
For the purposes of this Agreement, a child in the custody of Wife shall become
emancipated on the occurrence of any one of the following events:
A. The valid marriage of the child;
B. The full and permanent employment of the child gainfully and for a
reasonable living wage, excluding vacation and seasonal employment of a
temporary nature;
C. The induction, enlistment or entry on active duty in the Armed Services of
the United States for a term of service of not less than ______ (number) years.
The emancipation of any child shall be postponed beyond the event that would
otherwise result in his or her emancipation if, at the time of such event, the child is
enrolled as a full-time student in an accredited institution of higher learning. Instead, the
emancipation event for any such child shall be the date of the child's graduation from
that institution, provided, however, that the emancipation of any child shall not be
extended beyond the child's twenty-third birthday.
VII. Property Settlement
A. Husband and Wife are in possession of all personal property belonging to
each, and neither makes any claim to any personal property in the possession of
the other.
B. The parties are presently vested with legal title to rental real property
located at ________________________________________________________
_________ (street address, city, county, state, zip code) , hereinafter called
the Rental Property. The parties agree that upon the sale of the Rental Property,
they shall equally divide the net proceeds from the sale. Net proceeds from the
sale shall constitute the funds remaining after all existing mortgages, liens, real
estate broker's commissions, and closing costs on the premises are satisfied.
VIII. Legal Representation Disclosure
Each party agrees that each has had the opportunity to discuss this Agreement
with an independent attorney of his/her choice. Each agrees to pay their respective
attorneys for his/her services.
IX. Further Documents
Each party agrees that he or she will sign and execute any further or additional
documents as may be necessary to put into effect the intended purposes hereof.
X. Entire Agreement
This Agreement constitutes the entire agreement between the parties and each
party acknowledges that there are no further agreements not expressly included herein
and that this Agreement may be modified, altered, or amended only in writing, duly
signed and notarized by each in the form of this original.
XI. Fully Read and Understand
Each party represents and acknowledges that he or she has fully read this
Agreement, consulted with each other, carefully considered same, and have signed and
executed same after such consultation, and after consulting with their respective
attorneys, that the signing of this Agreement is free and voluntary without force or
collusion by either party or any third party, and that each party signed same with the full
knowledge of said party's rights, obligations, and responsibilities.
XII. Modification
This Agreement shall estop and preclude either party from making other or
further demands and claims upon the other, not included herein, except that such legal
action may be taken by either party as is necessary to enforce or modify the terms and
provisions hereof, except that the Property Settlement provision shall not be subject to
modification.
XIII. Subsequent Divorce
It is agreed and understood that this Agreement finally settles all rights of the
parties and the property jointly or individually owned by the parties, and that this
Agreement, and the enforceability thereof, is not contingent upon either party or both
parties being granted a divorce on any grounds. However, if either or both parties are
granted a divorce on any grounds, the parties agree that this Agreement shall be made
a part thereof and that such decree or judgment shall not conflict with the terms hereof.
XIV. Controlling Law
This Agreement shall be governed, enforced and interpreted according to the
laws of the State of Oklahoma.
XV. Effective Date
This Agreement shall not be enforceable until duly executed by both Husband
and Wife.
XVI. Heirs and Assigns
This Agreement shall be binding upon the heirs, administrators, estate and
assigns of the parties.
IN WITNESS WHEREOF, Husband has executed this Agreement on the
__________________ (date) and Wife has executed this Agreement on the
___________________ (date) .
__________________________
(Printed Name of Wife)
__________________________
(Signature of Wife)
__________________________
(Printed Name of Husband)
__________________________
(Signature of Husband)
STATE OF OKLAHOMA
COUNTY OF _____________
PERSONALLY appeared before me, the undersigned authority in and for the county
and state aforesaid, the with named __________________ (Name of Wife) , who, being
by me first duly sworn, states on her oath that the matters and facts set forth in the
above and foregoing Separation and Child Custody and Property Settlement Agreement
are true and correct as therein stated and that she signed, delivered, and examined the
same.
__________________________
(Printed Name of Wife)
__________________________
(Signature of Wife)
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the _____ day of_____________,
20_____.
__________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:
________________________
STATE OF OKLAHOMA
COUNTY OF _____________
PERSONALLY appeared before me, the undersigned authority in and for the county
and state aforesaid, the with named _________________ (Name of Husband) , who,
being by me first duly sworn, states on her oath that the matters and facts set forth in
the above and foregoing Separation and Child Custody and Property Settlement
Agreement are true and correct as therein stated and that he signed, delivered, and
examined the same.
__________________________
(Printed Name of Husband)
__________________________
(Signature of Husband)
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the _____ day of_____________,
20____.
__________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:
________________________