West Virginia Separation Agreement

Marital Separation and Property Settlement Agreement

IN THE FAMILY COURT OF COUNTY, WEST VIRGINIA

IN RE THE MARRIAGE OF:

MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT

NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT.

STATE OF WEST VIRGINIA

COUNTY OF

WHEREAS, , hereinafter referred to as "Wife", and , hereinafter referred to as "Husband", are now married, having been married on the day of , , in County, ;

WHEREAS, the parties were separated on or about the day of , 20, while residing in County, , and since that date have been living separate and apart;

SECTION 1. SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS

The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any.

Husband Initials:     Wife Initials:

SECTION 2. FINANCIAL DISCLOSURES

By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties.

SECTION 3. ASSETS

A. In General. 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 otherwise stated in this agreement. The parties agree to divide their assets as provided below. Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects.

B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets:

C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets:

D. Contingent Assets and Liabilities shall be divided as follows:

E. Additional Retirement Account Provisions.

F. Additional Life Insurance Provisions.

G. Additional Household Furnishing and Effects Provisions. (Select as appropriate)

The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided above.

Wife agrees that the Husband shall retain all of the household furnishings and effects presently located on the premises at , excepting those items already removed by the Wife, or to be removed, with the Husband’s permission, except as listed and provided above.

Husband agrees that the Wife shall retain all of the household furnishings and effects presently located on the premises at , excepting those items already removed by the Husband, or to be removed, with the Wife's permission, and except listed and provided above.

H. Additional Marital Home Provisions.

The marital home of the parties shall be:

i) Occupied by Husband Wife.

ii) Titled in the name of Husband Wife.

The expenses of the marital home are and shall be paid as follows:

i) Wife Husband shall pay the mortgage payments. This obligation terminates .

ii) Wife Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates .

iii) Wife Husband shall pay all taxes, insurance and assessments. This obligation terminates .

I. Additional Provisions or explanations:

SECTION 4. DEBTS, LIABILITIES AND EXPENSES

A. Except as otherwise provided herein each party agrees to pay their respective individual debts.

B. Division of Liabilities/Debts. The parties divide their liabilities as follows:

Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills:

C. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills:

SECTION 5. FUTURE EARNINGS AND ACQUISITIONS

All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party.

SECTION 6. SPOUSAL SUPPORT (ALIMONY)

1. The parties mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support.

2. Husband Wife agrees to pay spousal support (alimony) in the amount of $ every week other week month, beginning and continuing until

Explain type of alimony and any other specifics:

Life insurance in the amount of $ to secure the above support, will be provided by the obligor.

SECTION 7. CHILD(REN)

There are no minor children of said marriage, and the wife is not now pregnant.

SECTION 8. MUTUAL INDEMNITY

The parties agree in regard to the payment of debts and other liabilities as stated in this that each shall indemnify and hold harmless the other for the payment of same.

SECTION 9. INCOME TAXES

With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor.

The parties shall file separately for the year and each year thereafter.

SECTION 10. ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION

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.

SECTION 11. 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.

SECTION 12. MODIFICATION

This Agreement shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except as necessary to enforce or modify the terms and provisions hereof.

SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE

The parties agree and state that each has freely and voluntarily entered into this agreement.

SECTION 14. RELEASE, WAIVER, BINDING EFFECT, AND ESTATES

Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other.

SECTION 15. ENFORCEMENT

This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available.

SECTION 16. BANKRUPTCY

To the extent of any obligation contained herein is discharged in bankruptcy and the non-bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court for spousal support.

SECTION 17. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and may be modified only in writing, duly signed and notarized by each in the form of this original.

SECTION 18. FULLY READ AND UNDERSTAND; INFORMED CONSENT

Each party represents and acknowledges that he or she has fully read this Agreement and signed it voluntarily after consultation.

SECTION 19. SEVERABILITY

If any portion of the agreement shall be held void or unenforceable, the remaining portions shall continue in effect.

SECTION 20. CONTROLLING LAW

This Agreement shall be governed, enforced and interpreted according to the laws of the State of West Virginia.

SECTION 21. HEIRS AND ASSIGNS

This agreement shall be binding upon their legal representatives, successors, heirs and assigns.

STATE OF WEST VIRGINIA

COUNTY OF

Sworn to or affirmed, acknowledged, executed, signed and delivered before me on by .

NOTARY PUBLIC

My Commission Expires:

Print Name:

STATE OF WEST VIRGINIA

COUNTY OF

Sworn to or affirmed, acknowledged, executed, signed and delivered before me on by .

NOTARY PUBLIC

My Commission Expires:

Print Name: