SEPARATION AGREEMENT
Important jurisdiction and formalities warning
This fictional agreement is a worked general example, not legal advice and not a universally enforceable separation or divorce settlement. Family, property, support, pension, tax, child welfare and domestic-violence laws vary by jurisdiction. A court may need to approve or incorporate arrangements concerning a child, and some support or property rights cannot be released. Each party should make full financial disclosure and obtain separate independent legal advice. Check requirements for witnessing, notarisation, filing, mediation certificates, cooling-off periods and court orders before signing.
1. Parties and separation
Rachel Miriam Dalton, of 74 Kestrel Road, Brookhaven, South County 28416, and Marcus Joel Avery, of 74 Kestrel Road, Brookhaven, South County 28416, married on 9 May 2014. They have lived separate and apart since 2 February 2026, when Marcus moved to 19 Elm Quay, Brookhaven, South County 28416. They intend this agreement to record their present financial and practical arrangements while they remain separated.
They have two children: Sophie Grace Avery, born 18 October 2015, and Ethan Miles Avery, born 3 April 2019. The children’s best interests and any mandatory child-support or parenting law prevail over this agreement.
2. Financial disclosure
Rachel discloses annual employment income of 68,400 South County dollars, retirement savings of approximately 91,000 dollars, and a personal loan balance of 6,200 dollars. Marcus discloses annual income of 82,700 dollars, retirement savings of approximately 116,500 dollars, and a vehicle loan balance of 14,100 dollars. They have exchanged recent financial records. Each must promptly correct a material omission.
Each party confirms that they have had a reasonable opportunity to investigate the other’s finances and obtain independent advice. Neither is signing because of violence, intimidation, fraud or an inability to understand the agreement.
3. Family home
The parties own 74 Kestrel Road, Brookhaven, South County 28416, subject to a mortgage with an outstanding balance of approximately 238,000 dollars. An independent valuation dated 15 August 2026 places the market value at 412,000 dollars. Rachel will remain in the home with the children until 31 July 2028, unless the parties agree otherwise or a court orders otherwise. She will pay ordinary utilities, insurance, maintenance up to 750 dollars per item, and one half of the mortgage payment of 1,860 dollars. Marcus will pay the other half.
By 31 July 2028, the parties will either refinance so that Rachel becomes the sole borrower and owner, or list the home for sale. If Rachel buys Marcus’s interest, the purchase price is based on an updated valuation, less the mortgage and transaction costs, with net equity divided equally unless a court or registered instrument requires otherwise. If the home is sold, the mortgage and sale expenses are paid first and net proceeds are divided equally. Neither party may transfer, encumber or materially renovate the home without written consent.
4. Bank accounts, personal property and debts
Each party keeps the bank accounts held solely in that party’s name, subject to any mandatory property adjustment. Rachel keeps the household furniture currently at the home. Marcus keeps the tools, camera equipment and 2017 Calder sedan currently in his possession, subject to the vehicle loan. They will divide the joint savings account, which contained 24,800 dollars on 31 August 2026, equally after paying the children’s school invoice of 1,200 dollars.
Each party is responsible for debts incurred solely in that party’s name after 2 February 2026. Debts incurred jointly before that date remain joint unless a creditor agrees otherwise. Neither party may incur new credit in the other’s name or represent that the other guarantees a post-separation debt.
5. Children and expenses
The children will live primarily with Rachel during the school week and spend alternate weekends, half of school holidays and one week in December with Marcus, subject to the children’s needs and any court order. The parties will communicate through Brookhaven Family Plan and give at least forty-eight hours’ notice of a necessary change where practicable. Neither will move the children’s primary residence outside South County without written consent or lawful authorisation.
Marcus will pay Rachel 1,450 dollars per month toward child expenses on the first day of each month, beginning 1 October 2026. The parties will share agreed uninsured medical, school and extracurricular costs in proportion to their incomes, currently 45 percent Rachel and 55 percent Marcus. This figure is an interim arrangement only and does not limit a court’s power to calculate or change child support.
6. Spousal support and releases
Marcus will pay Rachel transitional support of 900 dollars per month for twelve months beginning 1 October 2026. The parties intend this payment to be reviewed if either experiences a substantial involuntary change in income, disability or employment. Any release of spousal or partner support is effective only to the extent permitted after the required disclosure, advice and approval under applicable law.
Subject to those limits, each party releases claims against the other for personal ownership of the assets expressly allocated here. This release does not release a child’s rights, undisclosed property, fraud, enforcement of this agreement, rights that cannot legally be waived, or obligations imposed by a later court order.
7. Implementation and dispute resolution
The parties will sign transfer, refinancing and retirement forms reasonably needed to implement this agreement. They will first attempt a good-faith meeting and then mediation with Harbour Mediation Service, unless a safety concern or urgent deadline makes that unsuitable. A party may seek urgent court relief or enforcement at any time.
This agreement is intended to be governed by South County law, but mandatory law of the court with jurisdiction prevails. Amendments must be written, signed by both parties and completed with any required advice, witnessing or approval. If one provision is unenforceable, the remaining provisions operate only as the law allows.
Signatures
Rachel Miriam Dalton: Signature ____________________ Date: 20 September 2026
Marcus Joel Avery: Signature ____________________ Date: 20 September 2026
Rachel’s independent lawyer, Amelia Noor Grant, confirms that she advised Rachel separately about the nature and practical effect of this agreement, subject to the scope of her retainer.
Signature: ____________________ Date: 20 September 2026
Marcus’s independent lawyer, Thomas Edwin Reed, confirms that he advised Marcus separately about the nature and practical effect of this agreement, subject to the scope of his retainer.
Signature: ____________________ Date: 20 September 2026
The parties must also complete any prescribed certificate of advice, witness attestation, notarisation, filing or court-approval step required by the applicable family law.