Separation Spousal Support and Child Custody Agreement

Separation, Spousal Support, Child Custody and Support, and Property Settlement Agreement

Agreement made on the , between

of , referred to herein as Wife, and of , referred to herein as Husband.

Whereas, Husband and Wife are now married; and

Whereas, the parties were separated on or about in 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 , and during the course of the marriage, children were born, namely , born , and , born . 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. 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 at until at 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 ; the children's birthdays at such time as may be reasonable; Fathers Day; and to visit with the children for 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 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 , 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 and Wife has executed this Agreement on the .

STATE OF OKLAHOMA

COUNTY OF

PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the with named , 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.

GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the day of , 20.

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 , 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.

GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the day of , 20.

MY COMMISSION EXPIRES: