Fill and Sign the Separation and Property Agreement with Adult Children Oregon Form

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS agreement is entered into between ______________________, whose address is ______________________________, hereinafter “Wife” and ________________________, residing at ____________________, hereinafter “Husband”. Husband and Wife are sometimes referred to herein as the “Parties”. WHEREAS, the Husband and Wife are married 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; and WHEREAS, Husband and Wife filed for divorce under the provisions of Oregon Law and each has had an opportunity to consult with an attorney of their choice. The parties acknowledge that the marriage is irretrievably broken; and WHEREAS, t he Parties were lawfully married on ___________________ in _____________ County, __________________________; WHEREAS, there are no minor children of said marriage, and the wife is not now pregnant. All children of the marriage are over the age of twenty-one (21) and emancipated ; and, WHEREAS, the Parties separated on ____________________ and from said date up to the present, the Parties have lived separate and apart without any cohabitation for at since the date of separation ; and WHEREAS, The parties hereto agree that the provisions of this Separation and Property Settlement Agreement shall be incorporated into any Judgment of Dissolution of Page 1 of 5 – Separation Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Marriage. 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: 1. CHILD CUSTODY : There are no minor children of said marriage, and the wife is not now pregnant. All children of the marriage are over the age of twenty-one (21) and emancipated. 2. PROPERTY SETTLEMENT : 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 except as provided below. (a) List of Property to be awarded to Wife. List here (b) List of Property to be awarded to Husband. List here 3. DEBTS : Except as otherwise provided herein, Wife shall be responsible for her individual debts and Husband shall be responsible for his individual debts. There are no unpaid joint debts of the parties except as provided below, if any. (a) Debts to be paid by Husband List (b) Debts to be paid by Wife List 4. ALIMONY : Neither Party claims entitlement to alimony as they are not entitled to same and both Parties expressly waive any claim to alimony. Page 2 of 5 – Separation Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. LEGAL REPRESENTATION DISCLOSURE : Each party agrees that neither party has been represented by an attorney in this matter and that both parties have had an opportunity to consult with any attorney of his/her choice. 6. 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. 7. 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. 8. 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. 9. 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. 10. SUBSEQUENT DIVORCE : It is agreed and understood that this Separation and Property Settlement Agreement is entered into in connection with a Divorce action pending Page 3 of 5 – Separation Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in _________ County, Oregon and that this Separation and Property Settlement Agreement shall be incorporated into the Final Judgment of Dissolution of Marriage of the Parties. Further, that this Separation and Property Settlement 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. 11. CONTROLLING LAW : This Agreement shall be governed, enforced and interpreted according to the laws of the State of Oregon. 12. EFFECTIVE DATE: This Agreement shall not be enforceable until duly executed by both Parties. 13. HEIRS AND ASSIGNS: This Agreement shall be binding upon the heirs, administrators, estate and assigns of the parties. IN WITNESS WHEREOF, Wife, ____________________________ has executed this Agreement on the ____ day of ______________, 20___, and Husband, ____________________________ has executed this Agreement on the ____ day of _____________, 20___. ____________________________________ Signature of Wife ____________________________________ Print Name: ____________________________________ Signature of Husband ____________________________________ Print Name: STATE OF OREGON COUNTY OF ______________ This instrument was acknowledged before me on _____________________ (date) by ____________________________. (name(s) of person(s)) In witness whereof, I hereunto set my hand and official seal. Page 4 of 5 – Separation Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _____________________ STATE OF OREGON COUNTY OF ______________ This instrument was acknowledged before me on _____________________ (date) by ____________________________. (name(s) of person(s)) In witness whereof, I hereunto set my hand and official seal. ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _____________________ Page 5 of 5 – Separation Agreement