Legal Separation Accord

LEGAL SEPARATION ACCORD

This Legal Separation Accord (the Agreement) is made and entered into on by and between Party A: , residing at ; and Party B: , residing at .

RECITALS

WHEREAS, the parties were lawfully married on and have since elected to live separate and apart; and

WHEREAS, the parties desire to set forth their mutual agreements concerning legal separation, the division of marital property and debts, spousal support, custody and parenting time (if any), and related matters so as to avoid uncertainty and litigation; and

WHEREAS, each party acknowledges that they have had the opportunity to obtain independent legal advice and enter this Agreement knowingly and voluntarily.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows.

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Marital Property" means property acquired by the parties during the marriage, excepting gifts and inheritances received by a party in their sole name; "Separate Property" means property owned prior to marriage or acquired by gift, inheritance, or award to one party alone.

2. SEPARATION EFFECTIVE DATE

The parties agree that their separation is effective as of (Effective Date). From the Effective Date the parties shall live separate and apart and each shall be free from interference, harassment, authority or control by the other as fully as if unmarried.

3. CHILDREN AND PARENTING

Do the parties have minor children of the marriage? Yes No

If yes, the parenting, custody, and support terms are as follows. The parties agree to the primary residence and custody arrangement described below and to the parenting time schedule. If both boxes below are left blank, the parties acknowledge that a separate parenting plan must be negotiated and incorporated by amendment.

4. CHILD SUPPORT

The parties agree that child support shall be paid by in the amount of $ per month, commencing on , subject to modification as required by law or agreement.

5. SPOUSAL SUPPORT

The parties agree that spousal support (alimony) shall be:

6. PROPERTY DIVISION

The parties have divided, or agree to divide, marital assets and liabilities as set forth below. Each party represents that the descriptions set forth are complete and accurate to the best of their knowledge.

7. INSURANCE, TAXES, AND RETIREMENT ACCOUNTS

The parties agree as follows with respect to insurance and tax matters:

8. MUTUAL RELEASE

Except as expressly provided otherwise in this Agreement, each party releases and forever discharges the other from all claims, demands, actions or causes of action, whether known or unknown, arising out of the marital relationship up to the Effective Date. This release does not apply to obligations expressly set forth in this Agreement or to obligations that cannot be legally released.

9. DEFAULT; ENFORCEMENT; ATTORNEYS' FEES

In the event of a material breach of this Agreement by either party, the non-breaching party shall be entitled to seek specific performance, injunctive relief, or other equitable remedies in addition to any available legal remedies. The prevailing party in any enforcement action shall be entitled to recover reasonable attorneys' fees, costs and expenses incurred in connection with such action.

10. DISPUTE RESOLUTION

The parties agree to submit disputes arising under this Agreement to mediation prior to initiating litigation. If mediation is unsuccessful, either party may pursue resolution in a court of competent jurisdiction consistent with the Governing Law provision below.

11. NOTICES

Any notice required or permitted under this Agreement shall be in writing and shall be delivered personally or by certified mail, return receipt requested, or by nationally recognized overnight courier service, to the addresses set forth below or to such other address as a party may designate by written notice.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one instrument.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties below. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Governing Law State:

14. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that they have the full right, power and authority to enter into this Agreement and that this Agreement, when executed and delivered by such party, will constitute a valid and binding obligation enforceable against such party in accordance with its terms.

15. ATTORNEY ACKNOWLEDGMENT

Each party certifies that they have read this Agreement and understand its terms, and acknowledge that they have had the opportunity to seek independent legal advice with respect to their rights and obligations hereunder.

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