SEPARATION DEEDS BETWEEN HUS BAND AND WIFE. Deed of Separation, the Husband allowing the Wife an Annuity during their Joint Lives, with Usual Covenants. Indenture made this day of, 18-, by and between (husband), of, party of the first part; and -, party of the second part; and both of, parties of the third part. Whereas unhappy differences have arisen between the said hus (wife), of (trustees), Recital. Children. band and wife, by reason whereof they have agreed to live separate and apart from each other for the future, and to enter into the arrangement hereinafter contained; and whereas the said husband has issue by the said wife children, that is to say (state their names and ages); and whereas the said trustees have, at the request of the said wife, agreed to act as trustees for the purpose of the arrangement intended to be hereby made, and also to enter into the covenants Covenants and obligations hereinafter contained: Now this in- of parties. denture witnesseth, that in pursuance of the said agreement, and for the considerations herein appearing, the said husband doth hereby, so far as the agreements and provisions hereinafter contained are or ought to be performed or observed by him, or his heirs, executors, or administrators, covenant with the said wife, her executors and administrators, and also separately with the said trustees, their executors and administrators; and the said trustees do hereby respectively, so far as the agreements and provisions hereinafter contained are or ought to be performed or observed by the said wife, or the said trustees, or their respective heirs, executors, or administrators, or any of them, covenant with the said husband, his executors and administrators, in manner following, that is to say: Wife to live 1. It shall be lawful for the said wife, at all times hereafter, to live separate and apart from the said husband, and free from his marital control and authority, as if she apart from were sole and unmarried, and to reside from time to husband. time at such place as she may think proper, without any interference whatever on the part of the said husband. 2. Neither of them, the said husband and wife, shall molest the other of them, nor compel, nor endeavor to com Not to molest each other. pel, the other of them to cohabit or dwell with him or her by any legal proceedings for restitution of conjugal rights, or otherwise howsoever. proceedings for divorce. Annuity to trustees for wife. next.1 3. Neither of them, the said husband and wife, shall take any Not to take proceedings against the other of them to obtain a divorce or judicial separation in respect of any misconduct which has heretofore taken place, or is alleged to have taken place, on the part of the other of them. 4. The said husband shall, during the joint lives of himself and the said wife, pay to her, the said wife, the sum of dollars per annum as her separate estate, but so that she shall not have power to anticipate the same, in quarterly payments, on the usual quarter days, the first payment to be made on the day of 5. All the wearing apparel and personal ornaments of the said wife, and all movable personal property belonging to the said wife, now in her possession, shall belong to the said wife as her separate estate, independently of the said husband. All the property of the said wife, both real and personal, now held by her, or which shall hereafter come to her, shall be and remain her sole and separate property, free from all rights of the said husband, with full power to her to convey, assign, or deal with the same as if she were single. The said husband will, from time to time, execute all such deeds and papers as may be necessary to enable her to sell, assign, or deal with her said property. Wearing apparel and ornaments. Provided always, and it is hereby agreed, that so long as the said wife shall reside with her father, one of the said trustees, the said annuity or yearly sum of dollars shall be paid to the trustee at the times and in manner aforesaid in trust for the said wife; and the receipt of the said trustee, signed by him, shall be a good and sufficient discharge for so much of the said annuity or yearly sum of dollars as shall be therein acknowledged or expressed to be received, and that the said husband shall not be bound to see to the application thereof. If wife dies 6. On the death of the said wife in the lifetime of the said husband, all her separate estate, whether real or personal, which she shall not have disposed of in her first, husband lifetime or by will, shall, subject to her debts and engagements, go and belong to the persons or person who would have become entitled thereto if the said husband had died in the lifetime of the said wife. excluded. Husband to 7. If the said wife shall die in the lifetime of the said husband, he shall permit her will to be proved, or administration upon her personal estate and effects to allow proof of her will. be taken out by the person or persons who would have been entitled to do so had the said husband died in her lifetime. Custody of 8. The said wife shall have the sole custody and control of (here name children), and of their education and bringing up, until they respectively attain the age of infant chilyears, without any interference whatsoever on the part of the said husband. dren. Expense of children. 9. If and so often and so long as any child or children of the said husband and wife shall, during the joint lives of the said husband and wife, be living with or under maintaining the control of the said wife, the said husband shall pay to the said trustees or trustee, in trust for the said wife, the sum of dollars per annum in respect of each such child beyears, and the sum of dollars ing under the age of per annum in respect of each such child being over the age of years, and under the age of twenty-one years, and unmarried, such respective yearly sums to be payable quarterly on the usual quarter days, and to be applied by the said wife in or towards the maintenance and education, or otherwise for the benefit, of such children or child, but without liability to account so long as she shall maintain and educate such children or child to the satisfaction of the said trustees or trustee. 10. The said husband and wife shall respectively at all convenient reasonable times, to be settled in case of dis- Access to pute by the said trustees or trustee for the time be- children. ing, have access to and communication with the children or child for the time being living with or under the control of the other of them. 11. The said and respectively attain the age of (boys) shall, as and when they years, be placed Boys at at the expense of the said husband at such schools school. as he, with the consent in writing of the said wife, shall from time to time determine. Power of trustees to change custody of children. 12. It shall be lawful for the said trustees or trustee, if circumstances shall arise which in their or his opinion render it absolutely necessary for the welfare of the children or child for the time being living with or under the control of either of them, the said husband and wife, to remove such children or child, and to place them, him, or her with or under the control of the other of them, the said husband and wife. be indemnified debts. 13. The said wife, her heirs, executors, and administrators, and Husband to also the said trustees, their respective heirs, execuagainst wife's tors, or administrators, shall at all times hereafter keep indemnified the said husband, his heirs, executors, and administrators, from all debts and liabilities heretofore or hereafter to be contracted or incurred by the said wife, and from all actions, proceedings, claims, and demands, costs, damages, and expenses whatsoever in respect of such debts and liabilities, or any of them. 14. In case the said husband shall be obliged to pay any sum Proviso that or sums of money for or on account of any debt or liaannuity shall bility heretofore or hereafter contracted or incurred cease in certain cases. by the said wife, or in case the said wife shall at any time take any proceedings, against the said husband for restitution of conjugal rights or otherwise for compelling him to cohabit with her, or shall at any time directly or indirectly molest the said husband, then and in any such cases the said annuity of dollars shall cease to be payable. Proviso that debts paid by husband may be deducted from annuity. 15. In case the said husband shall at any time or times hereafter be called upon to pay or discharge, and shall actually pay or discharge, any debt or liability heretofore or hereafter contracted or incurred by the said wife, then and in every such case it shall be lawful for the said husband, at his option, instead of availing himself of the rights secured to him by the preceding paragraph, to deduct and retain out of the said annuity the amount which he shall have so paid, together with all costs and expenses. 16. Each of them, the said husband and wife, or their respective heirs, executors, or administrators, shall at any time execute and do all such assurances and things as the other of them, his or her heirs, executors, administrators, or Further assurance. assigns, or the said trustees or trustee shall reasonably require for the purpose of giving full effect to these presents, and the covenants, agreements, and provisions herein contained. Proviso in case of recon ciliation or dissolution of 17. Provided always, and it is hereby agreed, that if the said husband and wife shall be reconciled and return to cohabitation, or if their marriage shall be dissolved, then and in such case all the covenants and provisions herein contained shall become void, but without marriage. prejudice to any act previously made or done hereunder, or any proceedings on the part of any of the parties hereto in respect of any antecedent breach of any of the covenants or provisions herein contained. 18. In case of the death or resignation of either of said trustees, the right to appoint a new trustee in place of said shall be vested in the said husband, and the right to appoint any new trustee in place of said shall be vested in the said wife. Appointment of new trustees. In witness, etc. Same. Another Form. This agreement, made, etc. (parties as in the last form). 1. The said husband and wife hereby mutually agree to separate and live apart from each other during the remainder of their matrimonial obligation, unless they agreement should mutually agree to vacate this agreement. Mutual to separate. Wife may she pleases; 2. It shall be lawful for the said wife to reside at such place or places, and with such relations, friends, and other persons, except immoral persons, as she shall from reside where time to time think fit; and to exercise, carry on, or conduct any trade, business, or employment which she, notwithstanding coverture, shall think fit, for her own sole and separate use and benefit, without any manner of on trade; control, restraint, or interference, direct or indirect, by her said husband, or through, his means or procurement, and in all respects as if she were sole and unmarried. may carry - will not debts. 3. So long as this agreement on the part of the said husband shall be duly performed, she will not, at any time. hereafter, contract any debt or debts, charge, or lia- contract bility whatever, for which the said husband shall or may be or become personally liable or answerable; and neither she, nor any other person or persons on her behalf, or with her |