SAMPLE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
This sample separation and property settlement agreement is
NOT intended for use in all cases. It is NOT a fill-in-the-blank
type of form that you can go through quickly. Instead, it is
simply a sample containing the types of provisions that may be
found in many such agreements. Some of these provisions may be
inappropriate in your case, and there may be other provisions that
you need to include in your case. YOU WILL HAVE TO PREPARE YOUR
If you use this sample agreement as a model for preparing an
agreement in your case, you will need to make the agreement fit the
particular facts of your situation. For some issues, such as
visitation or division of property, the sample agreement contains
several different options that you might choose from. An actual
agreement would not include all of these options, but would include
only those provisions that fit the situation.
Make sure that your agreement does not include provisions that
are inconsistent with each other, or provisions that you do not
want to agree to.
If you follow the general format of the sample agreement, you
will probably need to re-number at least some sections to fit your
situation. You will also need to make sure the wording of your
agreement fits your situation (for example, if you have only one
child, you will need to change "children" to "child"). Read
through your agreement to make sure it makes sense to you.
The material in brackets - [ ] - is not part of the agreement
itself, and should not be included in any agreement that you
prepare for your case. The material in brackets is included in the
sample only to explain the sample.
Some provisions in the sample agreement have blanks in them,
and most of these provisions show how the blanks could be filled
in. If you use provisions from this sample, make sure that you
fill in the blanks properly, in accordance with the facts of your
own case and what you want your agreement to say.
If you use this sample as a model in preparing an agreement in
your own case, use only those provisions that apply and that you
want to include. If the sample does not have a provision that
deals with a situation in your case in the way that you want to
deal with it, you will have to write up your own provision for that
situation. You can and should revise the provisions of the sample
to fit your situation.
West Virginia Legal Services Plan is willing to review
settlement agreements for participants in its pro se divorce
workshops. If you wish for one of our lawyers to review your
agreement, you should call our office for an appointment after you
have prepared the agreement the way you want it, but before you or
your spouse have signed it.
YOU WILL BE RESPONSIBLE FOR MAKING SURE YOUR AGREEMENT SAYS
WHAT YOU WANT IT TO SAY, SO MAKE SURE YOU UNDERSTAND EVERYTHING
THAT YOU INCLUDE IN THE AGREEMENT.
Section-by-Section Explanation of Sample Agreement
1. Custody -- After the introductory paragraphs, the first
section of the sample agreement deals with custody. If you have
children with your spouse, any settlement agreement in your case