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that her right to support from the Husband should be made upon this statement of the facts by the Husband,

NOW, THEREFORE, IN CONSIDERATION of the premises and of the mutual promises of the parties, IT IS AGREED AS FOLLOWS: 1. Each of the parties agree not to interfere or intermeddle with the other in his or her respective liberty, conduct or action. 2. Each of the parties agrees that the other may at any and all times live separate and apart and may reside and be in such places and in such families and with such relations, friends and acquaintances and may follow and carry on such business, occupation or profession as he or she may choose, and in general, that the parties are to have full and independent liberty and freedom of action and conduct, so far as their mutual obligations, duties and responsibilities are involved.

3. The Husband agrees to pay to the Wife, $.

.upon the first day of each and every month during her life. The Wife agrees to accept said payment, if and when and so long as made, in full satisfaction of her claim for support and maintenance by the Husband. If the Husband's income from all sources of whatsoever nature, should for three successive months, average pro rata for the current calendar year less than $. . . . . . . . and more than $........than the amount which the Husband shall be obliged to pay thereafter and the amount which the Wife shall thereafter accept in lieu of maintenance and support from the Husband as herein provided, shall instead of $. per month, be........ per centum of such amount as the Husband's current calendar monthly income may be. This contingency is hereinafter described as the "first contingency." If the Husband's income from all sources of whatsoever nature should, for three successive months, average pro rata, for the current calendar year $........or less, than the amount which the Husband shall be obliged to pay thereafter, and the amount which the Wife will thereafter accept, in lieu of maintenance and support from the Husband as herein provided, shall be per month instead of..........per centum of such amount as the Husband's current calendar monthly income may be, one-third of said amount. This contingency is hereafter described as the "second contingency." As a condition precedent to any reduction in either contingency above pro

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vided for, the Husband shall submit a sworn statement of his current income. The said reduction shall continue in the event of the first contingency, only so long as the Husband's current income shall be per month less than % of $. and in the event of the second contingency, only so long as the Husband's current income shall be per month... % of $ . . . . . . . . . or less. Such respective reductions shall cease at any time when his current income during any month shall be in the first contingency. ・% of $... If at any time during any year, the Husband shall avail himself of either of the reductions herein provided for, then upon January first of the ensuing year, the Husband shall submit to the Wife a sworn statement of his total income in the previous year showing his income for each month of that year.

In the event of any breach of the terms of this paragraph or agreement requiring the furnishing of sworn statements as to the Husband's income, or in the event of any misstatement or false representation by the Husband as to his income, the sum of $... ....for each and every month shall be due and payable, irrespective of the actual income of the Husband or whether reduced payments have been made and accepted, and the Wife shall be entitled to the difference between the amount paid and accepted and the said $. . . .

. per month. 4. The payments and statements hereby required shall be made and be due commencing as of....

. . . . . . .

5. Payments required hereunder shall be made to the Wife at... ..or to.........her attorney at.. at........, or to any other attorney or agent for the Wife, whom she may hereafter appoint by written notice.

6. The Wife agrees not to incur any liabilities or incur any debts in the name of the Husband as long as he shall faithfully perform all the provisions of this agreement.

Separation Agreement-Trustee-Common Law Form

AGREEMENT made....

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.between....

...hereinafter described as the "Husband" and........his wife, hereinafter described as the "Wife," and.... .Trustee of said Wife, hereinafter described as the Trustee, WITNESSETH:

WHEREAS disputes and unhappy differences have arisen between the Husband and Wife, for which reason they have been living separate and apart from each other.

Now, THEREFORE, in consideration of the premises, the parties hereby covenant and agree, as follows:

1. It shall be lawful for them at all times hereafter to live separate and apart from each other and each of them agree to permit the other to reside and be in such place and places and in such family and families and with such relative, friends and other persons and to follow and carry on any trade or business or occupation. Neither shall, nor will, at any time, sue or suffer the other to be sued for living separate and apart from each other, or compel the other to live with him or her, nor sue, molest, disturb or trouble any other persons whomsoever for receiving, entertaining or harboring the other and neither will, without consent visit the other, nor knowingly enter any house or place where the other shall dwell, reside or be, or send or cause to be sent any letters or messages to the other, nor shall or will, at any time hereafter, claim or demand any of the money, jewels, plate, clothing, household goods, furniture or stock in trade, which the other shall, or may, at any time hereafter have in his or her power, custody or possession, buy or procure or which shall be devised or given to him or her, or that he or she may otherwise acquire. Each shall and may enjoy and absolutely dispose of the same as if they were single and unmarried.

2. The Husband agrees that the Wife shall have the custody and control of their........and that he will not attempt to compel said........to live with him or to alienate from his said Wife in any manner by word or act.

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3. The Husband agrees that from and after.... will pay or cause to be paid for. . . . . . . . from the date hereof, for and toward the better support and maintenance of his said Wife and of said child, $... weekly. Said payments to be made........to... The Wife agrees to accept said payments in full satisfaction for her support and maintenance. 4. The Wife agrees that she will permit the Husband to visit the said... ....at a place to be designated by her and apart from the house or place where she may reside or be;

this contract to be void in the event of the wilful refusal of the Wife to permit the Husband to visit and see said........as aforesaid.

5. The Trustee, in consideration of the sum of One dollar to him duly paid, covenants and agrees to and with the Husband, to indemnify and bear him harmless of and from all debts of his said Wife, contracted, or that may hereafter be contracted by her, or on her account; and if the said Husband shall be compelled to pay any sum debt or debts, the said Trustee hereby agrees to repay the same, on demand, to the said Husband, with all damage and loss that he may sustain thereby.

Separation Agreement with Provision for Support of Children; Insurance of Life for Benefit of Wife and Children; Lease of Apartment by Husband for Use of Wife and Children

Stoddard v. Stoddard, 227 N. Y. 13; 124 N. E. 91.
AGREEMENT made..

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between..

hereinafter referred to as the Husband, and... hereinafter refined to as the Wife.

WHEREAS the parties married on or about and there has been issue of such marriage, to wit:. born

and

WHEREAS in consequence of disputes and unhappy differences the parties have separated and now are, and for ... have been, living apart, and since their said separation have agreed to live separate and apart during their natural lives.

Now, therefore, it is agreed that in consideration of the mutual promises, agreements and covenants contained herein it is

Covenanted, promised and agreed by each party hereto, to and with the other party hereto, as follows:

1. It shall be lawful for the Wife, at all times hereafter to live separate and apart from the Husband and free from his marital control and authority, as if she were sole and unmarried, and free from any control, restraint or interference, direct or indirect, by the Husband; and it shall be lawful for the Husband at all times hereafter to live separate and apart from the Wife,

at such place or places as he may from time to time choose or deem fit.

2. Neither of the parties shall molest or annoy the other, or compel or endeavor to compel the other to cohabit or dwell with him or her, by any legal or other proceedings, for restoration of conjugal rights or otherwise. Neither party hereto shall call upon or visit the other, but this agreement shall not preclude the Husband from calling at any abode of the Wife for the purpose of seeing and visiting the children.

Neither party shall communicate orally, either in person or by telephone, with the other party, without the previous express consent of such other party except concerning a serious illness of some member of the family.

$.... day of each

4. The Husband shall, during the joint lives of himself and the Wife, so long as this agreement shall continue, pay to the Wife, for her support and maintenance, use and benefit, $.. each month, to be paid on or before the month after the execution of this agreement. This payment shall continue so long as the Wife shall continue to observe and fulfill the provisions of this agreement, and shall remain the Wife of the Husband. The said amount shall be paid to her in addition to the payments hereinafter provided for to be made to her in consideration of her undertaking the support and maintenance of the children hereinabove named.

5. The Wife shall have the custody and control of the said children and of their education until they respectively attain the age of of ... (and thereafter if no objection hereto be made by the Husband), without any interference whatever on the part of the Husband, and so long as Wife shall have custody of the children or of either of them, the Husband will pay to her in consideration of her undertaking the support and maintenance of the children $

each

for each of the children so in the custody of the Wife, which said payment shall be made on or before the ..after the execu

.day of each....

tion of this agreement, and shall be in addition to the payment hereinabove provided to be made for the use and benefit of the Wife. The Wife agrees that she will, so long as she receives the payments provided for in this paragraph properly maintain,

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