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Appendix DAn example of a typical legal separation agreement is set out hereunder: SEPARATION AGREEMENT THIS AGREEMENT made the ___________________ day of ___________________ BETWEEN ___________________, in the county of (hereinafter called “the Husband”) of the first part and ___________________, in the county of ___________________ (hereinafter called “the Wife”) of the second part. WHEREAS (a) the husband and the wife were lawfully married on the ___________________ day of at ___________________ in the County of ___________________ according to the rites of the ___________________ Church. (Insert as appropriate). (b) There are ___________________ children of the said marriage namely ___________________ born (hereinafter called “the children”). (c) Unhappy differences have arisen between the husband and wife and as they have lived separately and apart from each other since ___________________ and they have mutually agreed as hereinafter more particularly appears to continue to live separately and apart from each other. NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS:- 1. The husband and the wife may at all times hereafter live separately and apart and free from the matrimonial control of the other and shall in all things live as if they were unmarried and each party shall be entitled to carry on any profession vocation or occupation without interference from the other party provided that each party shall be liable personally for all taxes payable on their respective earnings and further each party shall be liable personally for all tax whether of an income or capital nature payable on their respective earnings arising out of any personal investments made by either party. 2. Neither the husband nor the wife shall directly or indirectly molest, annoy, disturb, or interfere with the person of the other or with his or her relations, friends, or acquaintenances or interfere in any way with his or her profession, vocation or occupation in life. 3. The husband and the wife shall be joint guardians of the children. The wife shall have sole custody, care and control of the children during their minority and the husband shall in no way interfere with such custody subject to the provisions hereinafter mentioned. 4. The husband shall have access to the children every alternate Sunday or at such times as may be agreed between the parties. The said access is to continue until the ___________________ day of ___________________ and thereafter the husband is to have such access to the children as shall be agreed between the parties. In default of such agreement, times and modes of access shall be fixed by the Court. 5. The wife in consideration of the terms and conditions hereinafter contained shall transfer and convey to the husband or to his parents the entire of her interest in the family home at ___________________ in the County of ___________________ to the intent that the husband shall have sole ownership of the said family home. In consideration of the said transfer of the wife’s interest in the family home by the wife to the husband the husband shall pay to the wife the sum of ___________________ The said transfer is to be completed on or before the ___________________ day of ___________________ and payment of the said sum of ___________________ is to be made on completion of the said transfer. 6. The wife agrees that the family home for all purposes of the Family Home Protection Act, 1976 is ___________________ in the County of ___________________ and the wife hereby consents to the sale or transfer of the said family home at ___________________ in the County of ___________________ aforesaid and further the wife consents to the sale or transfer of any such family home in which the husband may reside in the future should such consent be deemed necessary by virtue of the provisions of the Family Home Protection Act, 1976 or any Act of the Oireachtas amending or extending the provisions of the said Family Home Protection Act 1976. 7. The husband hereby consents to the sale or transfer by the wife of any house or property which she now owns or in the future may purchase or acquire by inheritance or otherwise obtain should such consent be deemed necessary by virtue of the provisions of the Family Home Protection Act, 1976 or any Act of the Oireachtas amending or extending the said Family Home Protection Act, 1976. 8. The husband and the wife hereby mutually surrender and renounce all rights under the Succession Act, 1965 (or any other Act of the Oireachtas which may in the future extend or amend the Succession Act, 1965) to the estate of the other and furthermore undertake not to interfere in any way with the extraction of a Grant of Probate or Administration as the case may be to the estate of the other. 9. The husband in consideration of the terms and conditions contained herein shall upon the completion of the aforementioned transfer of the wife’s interest in the family home at ___________________ in the County of ___________________ hand over to the wife the items of furniture from the said family home which are listed in the schedule annexed to this Agreement. 10. In consideration of the premises the husband hereby covenants with the wife that the husband shall pay to the wife in respect of the maintenance of the children such yearly sum as after deduction of income tax shall amount to the sum of ___________________ per month, the first payment to be made on or before the ___________________ day of ___________________ and monthly payments to be made thereafter on or before the ___________________ day of each month. The said payments are to be lodged to the wife’s bank account at ___________________ in the County of ___________________ Account No. ___________________ The said maintenance payment is to be reviewed annually on the day of ___________________ the first review to take place on the 1st day of ___________________ and in default of agreement concerning the said review either party has liberty to apply to the Court. 11. The wife shall at all times hereafter keep indemnified the husband from all debts and liabilities heretofore and hereafter contracted or to be contracted or incurred by the wife and from all actions, costs, proceedings, claims, demands, expenses or liabilities whatsoever in payment of such debts and liabilities or any of them for which the wife shall be liable and shall in no way pledge the husband’s credit and the husband shall at all times hereafter keep indemnified the wife from all debts and liabilities heretofore and hereafter contracted or to be contracted or incurred by the husband and from all actions, costs, proceedings, claims, demands, expenses or liabilities whatsoever in payment of such debts and liabilities or any of them for which the husband shall be liable and shall in no way pledge the wife’s credit. 12. If the husband and the wife shall be reconciled and return to co-habit with each other then in such event all covenants and conditions herein contained shall become void but without prejudice to any act previously made or done hereunder or any proceedings on the part of either of them in respect of any antecedent breach of any of the covenants and provisions herein contained. 13. Each of them the husband and the wife and their respective heirs, executors, administrators and assigns shall at any time hereafter execute and do all such assurances and things as the other of them or his or her executors, administrators, executors and assigns shall reasonably require for the purpose of giving effect to these convenants and provisions herein contained. 14. The husband shall pay the stamp duty on this Agreement. IN WITNESS whereof the parties hereto have hereunto set their hands and affixed their seals the day and year first herein written. SIGNED SEALED AND DELIVERED by the said in the presence of:— SIGNED SEALED AND DELIVERED by the said in the presence of:— |
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