This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract of separation entered into at ---------, -------, this ---------day of ---------, 19-, by and between A. B. and C. B., husband and wife, Witnesses:
That whereas, the parties hereto have agreed upon an immediate separation, and do hereby agree to live separate and apart during the remainder of their natural lives; and
Whereas, the said A. B. has this day paid to the said C B., the sum of
--------- dollars, the receipt of which is hereby acknowledged, and has assigned, conveyed and transferred, and does hereby assign, convey and transfer to said C. B. all of the household furniture in the residence lately occupied by said parties, and has, by good and sufficient deed of even date herewith, conveyed and transferred unto the said C. B. the following described real property, to wit:
--------- [description of property].
Now, therefore, in consideration of the premises, each party hereto does hereby release and discharge the other from all obligations of support, and from all other claims, rights and duties arising or growing out of said marital relation; and said parties mutually agree that each party hereto may freely sell or otherwise dispose of his or her own property, by gift, deed or last will and testament, and each party is by these presents hereby barred from any and all rights or claims by way of dower, inheritance, descent, distribution, allowance for year's support, right to remain in the mansion house, and all other rights or claims whatsoever, in or to the estate of the other, whether real or personal, and whether now owned or hereafter to be acquired.
And each party hereto, for the considerations aforesaid, does hereby release and relinquish to the other, and to the heirs, executors, administrators and assigns of the other, all claims or rights of dower and inheritance in and to all the real property of the other, whether now owned or hereafter acquired, all rights or claims to a distributive share of the personal estate of the other, now owned or hereafter acquired, and all claim or right to an allowance for year's support, or to reside in the mansion house, and all other rights or claims whatsoever.
Each party hereto further agrees, upon request of the other or of his or her heirs, devisees, executors, administrators or assigns, to execute and acknowledge any and all deeds or other instruments of release or conveyance to enable such other or the heirs, devisees, executors, administrators or assigns of such other, to sell, convey or otherwise dispose of his or her own real property, free from any apparent right of inchoate dower therein.
In witness whereof, etc. A. B.,
If It is desired to add a special provision for the custody of the children for their support, the following provisions may be inserted:
In consideration of the foregoing covenants, the said A. B. further covenants and agrees that the said C. B. shall have the sole and exclusive custody, control and care of the children of the parties hereto, to wit: [names of children] during: their minority.
Said A. B. hereby covenants and agrees to pay to the said C. B. for the support and education of said children, the sum of ---------dollars ($---------), for each child, per year, payable in equal --------- payments of $--------- each, on the first days of ---------, during: their minority; payments for each child to cease when such child reaches the age of majority.
For the validity of contracts for separation, see 99 938 et seq.
For specific performance of contracts for separation, see 9 3343.