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Personal Documents and Forms - Separation Agreement
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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of   ___________ ,  _____.

BETWEEN:

__________ __________
of __________,
__________ County
in the State of Florida

("Husband")

-and-

__________ __________
of __________,
__________ County
in the State of Florida

("Wife")


  1. BACKGROUND:
  2. The Husband and the Wife (collectively the "Parties" and individually a "Party") were lawfully married on $month $day, $year, in __________, the County of __________, Florida. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  3. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  4. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  5. The Parties have each consulted an attorney with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  6. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Parties confirm that they are in sound mental health.


    IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  7. LIVING SEPARATE AND APART
  8. The Parties have lived separate and apart since $month $day, $year.  Neither Party will attend the other's living space or work without invitation or approval.
  9. CHILDREN
  10. There are no children of the marriage. Furthermore, the Wife is not now pregnant and the Parties have not adopted any children.
  11. SPOUSAL MAINTENANCE
  12. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
  13. ASSETS
  14. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  15. DEBTS
  16. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  17. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  18. GENERAL PROVISIONS
  19. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  20. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  21. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  22. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  23. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  24. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  25. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  26. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each terms of this Agreement.
  27. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  28. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  29. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  30. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  31. The law of the State of Florida will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____ day of   ___________ ,  _____.


SIGNED by __________ __________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
__________ __________

   

______________________________
WITNESS

 
   


SIGNED by __________ __________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
__________ __________

   

______________________________
WITNESS


ACKNOWLEDGMENT

THE STATE OF FLORIDA
COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, __________ __________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that __________ __________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Attorney


ACKNOWLEDGMENT

THE STATE OF FLORIDA
COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, __________ __________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that __________ __________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Attorney




CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF FLORIDA
COUNTY OF____________________

I, _______________________________, of the City of ___________________________, in  the State of Florida, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by __________ __________, named in the within instrument, being a Separation Agreement, separate and apart from __________ __________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from __________ __________ or any other person.

DATED at the City of _________________, in the State of Florida this ___day of _________, 20___.


________________________
Print Name: ____________
Attorney


I, __________ __________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
__________ __________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF FLORIDA
COUNTY OF____________________

I, _______________________________, of the City of _________________________, in the State of Florida, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by __________ __________, named in the within instrument, being a Separation Agreement, separate and apart from __________ __________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from __________ __________ or any other person.

DATED at the City of __________________, in the State of Florida this ___day of _________, 20___.


________________________
Print Name: ____________
Attorney

I, __________ __________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ______day of ______________20___.


________________________
__________ __________

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