Sherry has just been transferred to the Family Division of her law firm. She previously worked in the Litigation section. One of her previous duties had been drafting and reviewing contracts, so it was no real surprise when her new supervising attorney asked her to draft a separation agreement for her client. To make sure that she covers all of the areas that should be included, she researches form and practice manuals and the office model file. What are the proposals or sections she found?
What will be an ideal response?
Heading: This is the title of the document. It may vary depending on local standards or her supervising attorney's preference.
Identification of the Parties: This includes their names and the respective labels that will be used to refer to each spouse throughout the agreement. This will avoid the need to spell out their full names each time one is used.
Recitals: This section indicates the date and place where the parties were married, the names and ages of the minor children, and grounds for divorce. Depending on the jurisdiction and the attorney's preference, each sentence is preceded by"WHEREAS."
There is usually a statement that tells the court that the marriage is irretrievably broken with no chance of reconciliation.
Alimony: The parties tell whether it is sought, what kind of alimony is to be paid, the mode of payment, how it can be modified, and when it can be terminated. In some jurisdictions, alimony may be handled through the IV-D agency, and that would be specified.
Property (Real and Personal): Assets are listed and how they are held is indicated; how they will be retained or distributed is spelled out.
Custody and Access: Here the type of custody is discussed, and the agreed-upon visitation. Most jurisdictions will require a Parenting Plan to be filed with the court in addition to this agreement.
Child Support: The amount of child support and when it is due is covered in this section. Here would be the place to discuss extended payment beyond a child's age of majority.
There may need to be a court form attached in some jurisdictions.
Insurance (Life and Health): Who will provide this coverage for the children and/or how noncovered medical care will be divided between the spouses. There may also be a COBRA clause included for a spouse's continued coverage.
Debts: How will the liabilities of the parties be handled, split, each to each, etc.
Taxes: If there is a refund due the couple, how will it be shared; or the payment of an assessment.
Disclosure: This section is important because it tells the court that each party has had the opportunity to discover and disclose their expenses and liabilities.
Representation: Each party acknowledges that they have had the opportunity to have independent counsel read and review the document.
Miscellaneous Clauses: Here is where state-required clauses will be included, such as governing law, modification/amendment of this document, merger and severability of clauses, reversion to a former name, etc.
Signatures: Finally, there is a place for signatures of the parties and witnesses. In some jurisdictions, the attorneys' signatures also are included.
Acknowledgment: Following the signatures is the jurat, or the notary box.
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