This separation agreement between Jane L. Smith and John J. Smith details the terms of their separation and pending divorce. Key points include: Jane will have sole physical custody of their three children, with joint legal custody; John will pay $104 per week in child support; the couple's marital home will be sold with proceeds split equally after expenses; personal property is divided; and each party waives claims to the other's estate. The agreement was executed to settle property, custody, support and other marital obligations pending their divorce.

1. COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss PROBATE & FAMILY COURT
DOCKET NO. 06D1234-DVI
______________________________
JANE L. SMITH, )
Plaintiff )
)
v. )
)
JOHN J. SMITH, )
Defendant )
______________________________)
SEPARATION AGREEMENT BY AND BETWEEN
JANE L. SMITH AND JOHN J. SMITH
This Agreement is made this 6th day of June 2006 by and between Jane L. Smith of 198 Bishop
Road, Fitchburg, Worcester County, Massachusetts (hereinafter called the “Wife”) and John J.
Smith of 120 Cedar Street, Fitchburg, Worcester County, Massachusetts (hereinafter called the
“Husband”). All references in the within Agreement to “Parties” shall mean the above named
Husband and Wife.
Article I-The Parties
A. The Parties were married at Medford, Massachusetts, on June 17, 1990
B. Three children were born of the marriage. Anthony was born October 27, 1994, David was
born December 17, 1997 and James born December 17, 1997. All references in the within
Agreement to “children” shall mean the above-named minor children.
Article II-Recitals
A. Serious and irreconcilable differences have arisen between the husband and the wife. The
parties are now living separate and apart, have agreed to live apart, and the wife has filed a
Complaint for Divorce on the grounds of irretrievable breakdown of the marriage in the
Worcester County Probate and Family Court.

2. B. This Agreement is made in order to settle and determine: (1) the property rights of each of
the parties; (2) whether and to what extent all or any part of the estate of the Husband or Wife
should be assigned to the other in consideration of the provisions of Massachusetts General
Laws, Chapter 208, Section 34; and (3) care and custody of the children (4) all other rights and
obligations arising from their marital relationship that should be settled in view of the pending
complaint for divorce.
C. Each party hereby waives and releases any and all rights that he or she may now or hereafter
acquire as spouse under the present or future laws of any jurisdiction to make a claimfor a
share of the estate of the other or to act as executor or administrator for the estate of the
other. However, nothing in this paragraph is intended to or shall constitute a waiver of any
rights or claims he or she may have against the other’s estate to enforce this Agreement or to
enforce a judgment of another court of competent jurisdiction. Nor shall this paragraph
constitute a waiver by either party of any testamentary provisions which the other may
voluntarily make for him or her.
Article III- Custody and Visitation
A. The wife shall have sole physical custody of the minor children. The parties shall have joint
legal custody of the minor children.
B. The husband and wife shall make all major decisions regarding the children together. Major
decisions include but are not limited to, education, medical care, mental health treatment,
camps and significant after school activities. Each shall have the right to consult with any
educational institution which the children are attending, and each shall further have the right to
consult with any medical person, camp counselor or extra-curricular activities coach.
C. In the event of a medical emergency, either parent may act without obtaining the prior
consent of the other parent if consent cannot be secured in a timely fashion. The other parent
shall be notified of the emergency at the first possible moment.
D. Visitation-The husband shall have visitation as follows:
1. Every other weekend from 6:00 PM Friday until 6:00 Pm Sunday; however, if the children are
not scheduled to be in school the following Monday, then the visit shall continue until 6:00 PM
on that Monday.
2. At all other times mutually agreed upon by the parties. Such assent to additional visitation
shall not be unreasonably withheld.
3. Holidays and Vacations:
a) The wife shall have the children on Thanksgiving Day from 10:00 AM until 6:00 PM on
Friday in even-numbered years.

3. b) The husband shall have the children on Thanksgiving Day from 10:00 AM to 6:00 PM in
odd-numbered years.
c) The wife shall have the children on Christmas Eve from 6:00 PM until 12:00pm on
Christmas Day. The Husband shall have the children on Christmas Day from 12:00pm
until 8:00pm on December 26th
d) The wife shall have the children from 5:00pm on the Saturday preceding Easter until
6:00pm Easter Sunday in even numbered years.
e) The husband shall have the children from 5:00pm on the Saturday preceding Easter until
6:00pm on Easter Sunday in odd numbered years.
f) The wife shall have the children on Mother’s Day.
g) The husband shall have the children on Father’s Day.
h) Both parties are allowed a vacation for two weeks with the minor children. This is to be
exercised in addition to the regularly set schedule set forth above.
i) The wife will have until April 15th of each year to select her two weeks’ vacation time
with the minor children. If the wife fails to notify the husband her vacation plans prior to
this date, she will not lose her right to vacation, however, she shall lose her right to have
priority in scheduling the vacation and will accommodate the husband’s vacation
schedule.
j) The husband shall notify the wife of his vacation plans with the minor children at least
30 days in advance of the vacation.
k) Neither party shall schedule a vacation that would interfere with the other’s parenting
time with the minor children during the course of a holiday period which is provided for
in this Agreement.
D. The wife shall deliver the children to the husband’s residence at the beginning of all
visitations, and the husband shall deliver the children to the wife’s residence at the end of all
visitations.
E. Both parties understand that the minor children are and will be involved in extra-curricular
activities from time to time throughout the course of the children’s minority. Both parties agree
to cooperate and facilitate the minor children’s involvement in said activities while the minor
children are in that persons care and custody. They shall enroll the children in extracurricular
actives only by Agreement so as not to unreasonably interfere with the others parenting time.
F. The parties recognize that from time to time something may come up that requires an
adjustment in the visitation schedule. When this occurs either party shall notify the other and
make every effort to accommodate reasonable requests of the other parent. If such adjustment
results in a loss of visitation time by the father the parties will try to make up this time.
G. Each party agrees to foster a feeling of affection between the children and the other party,
and each agrees not to do anything to estrange the children from the other party, to hamper
the free and natural development of either child’s love or respect for the other party. The
parties agree not to discuss the other’s personal life with the children.

4. H. The wife/mother shall claimthe minor children on her state and Federal tax returns in the
even years and the husband/father shall claimthe minor children on his state and federal tax
returns on odd years.
Article IV- Child Support
A. The husband shall pay to the wife child support in the amount of one-hundred and four
($104.00) dollars each week, in accordance with the Child Support Guidelines, commencing on
Friday, January 24, 2007 and every Friday thereafter, until the emancipation of the minor
children, hereinafter defined, via DOR.
B. The parties agree to review support amount on a yearly basis to determine if it remains in
conformity with the Guidelines, and to exchange documentation necessary for completion of
this review no later than ten days before the review date.
C. The parties agree to pay half of all uninsured medical expenses, including orthodontia, for
the minor children.
D. Emancipation shall occur or be deemed to have occurred upon the earliest happening of any
of the following:
a) Attaining the age of eighteen (18) years or completion of child’s high school academic
year, whichever occurs later, except that emancipation shall not if the child is engaged
in an accredited post-secondary program on a full-time basis;
b) Marriage;
c) Death;
d) Entry into the military service for the United States;
e) A child’s becoming independent of parental support, provided that neither part time
employment while pursuing an education as a full-time student, nor full-time
employment during school vacations shall be deemed emancipation;
f) A child’s living away from a physical custodian’s residence on a full time basis;
g) When the child has attained a baccalaureate degree or attained the age of twenty-three
(23).
Article V- Real Property
A. The parties presently own as tenants by the entirety a house and land located at 198 Bishop
Road, Fitchburg (“house”).
B. The parties agree, that the fair market value of the house is $250,000, as determined by the
appraisal done by ABC Appraisal Company on January 15, 2006. The parties have placed the
house on the market at this price and have listed it with BRE Real Estate Company.

5. C. The parties agree that they will both fully cooperate with all matters related to the sale,
including the execution of all necessary documents.
D. Until the house is sold the wife shall have the right of exclusive use and occupancy and
agrees to maintain the house in its present condition and shall be reimbursed by the husband
for all expenses related to maintain the house so the house is presentable during the sale
period. The husband shall be responsible for making the monthly mortgage payments to United
One Mortgage Company, including principal, interest and tax escrow. The wife shall be
responsible for paying the water and sewer bills and the home owner’s insurance.
E. After the sale of the house and payment of the mortgage, the broker’s commission, and all
related costs, the wife shall be reimbursed for all expenditures during the sale period related to
maintaining the house; thereafter, sale proceeds shall be divided between the parties.
Article VI- Personal Property
A. The husband shall have the following items of personal property, if available:
a) All items given to the parties by the husband’s family, including but not limited to the
husband’s grandmothers rocking chair.
b) An awning
c) The downstairs television
d) The washer/dryer
e) The kitchen table and chairs
f) The dining room desk
g) Five window air conditioners
h) The outdoor furniture
i) The power sprayer
j) The lawnmower
k) Two table saws from the garage
A. The personal property in possession of the wife at the time of the execution of the
Agreement is the property of the wife, and the husband expressly releases to the wife all of his
right, title and interest in the property. The personal property in the possession of the husband
at the time of the execution of the Agreement is the property of the husband, and the wife
expressly releases to the husband all of her right, title and interest in the property.
B. The husband and the wife agree that except as otherwise specifically provided in this
Agreement, going forward, all property of any kind acquired by the husband or by the wife and
all income and earnings of either of them shall be the sole and separate property of the person
who acquired or earned it.

6. Article VII-Debts
A. The parties shall be responsible to pay debts listed below equally until balances are paid,
including all interest, finance charges and late fees.
Capital One Credit Card…………………… $2759.54
Suborns Hardware Store……………………$2840.00
Travelers Insurance…………………………..$1,777.00
Robert Allan Accountant………………….. $635.00
City of Fitchburg………………………………..$3,257.72
Article VIII-Waiver of Estate Claim and Liabilities
A. Except as otherwise provided in this Agreement, each party waives, releases, and
relinquishes any and all rights that he or she may now have in the property of the other (such
as the right of election, dower, courtesy, and inheritance) and all rights he or she may now have
or hereafter acquire under the laws of this state or any other jurisdiction:
a) To share, as a result of the marital relationship, in other party’s property or estate upon
the latter’s death; or
b) To act as executor or administrator of the others estate or to participate in the
administration thereof.
B. This Agreement shall and does constitute a mutual waiver by the parties of their respective
rights of election to take against each other’s last will and testament now or hereafter in force
under the laws of any jurisdiction.
C. It is the intention of the parties that their respective estates shall be administered and
distributed in all respects as though no marriage had been solemnized between them. The
consideration for each party’s waiver and release is the other party’s reciprocal waiver and
release.
Article IX-General Release
Each party releases and forever discharges the other from all causes of action, claims, rights, or
demands whatsoever, at law or in equity, he or she ever had or now has or can hereafter have
against the other, by reason of any matter, cause, or thing from the beginning of the world to
the date of this Agreement, except any causes of action for divorce and except further that
nothing contained in this Article shall release or discharge either party from such party’s
covenants, promises, Agreements, representations, warranties, or other undertakings or
obligations as contained in the Agreement.

7. Article X-Voluntary Execution
The husband and wife acknowledge that they are entering into this Agreement freely and
voluntarily and that they have each obtained independent legal advice; that they have
ascertained all the relevant facts and circumstances; that they understand their legal rights;
that each is satisfied that he or she has received full disclosure as to the others finance, assets,
income, expectancies, and other economic matters; and that they clearly understand and
assent to all of the provisions of this Agreement.
Article XI-Modification
The husband and wife agree that no modification or waiver of any of the terms of this
Agreement shall be valid unless in writing and executed with the same formality as this
Agreement. No waiver of any breach or default going forward shall be deemed a waiver of any
later breach or default of the same or similar nature. Any provision of the within Agreement
that is found to be unenforceable by any court in the Commonwealth of Massachusetts shall
not affect the validity of any other provision contained within the Agreement.
Article XII-Execution in Counterpart
A. The Husband and the Wife each further expressly covenant to the other that they have
agreed on the finality of this Agreement on the issue of child custody, visitation and support
and assignment of property. It is expressly understood and agreed that this Agreement is not
executed in consideration of the obtaining of a divorce by the husband or the wife. This
instrument shall not be construed as the consent of either the husband or the wife to their
separation, nor as an acceptance by either of them of any conduct of the other, or, except as
herein expressly provided, as a waiver by either of any right or cause of action arising by reason
of the conduct of the other.
B. The Husband and the Wife each agree that this Agreement shall be submitted to the Court in
the case of Frigoletto v. Frigoletto in the Probate and Family Division of the Trial Court of
Worcester County, Docket No.D1234DVI for its approval of the terms thereof.
C. This Agreement has been executed or completed in Massachusetts and is a Massachusetts
contract; and all matters affecting its interpretation and the rights of the parties hereunder
shall be governed by the laws of the Commonwealth of Massachusetts at the time of the
execution of the within Agreement.

8. This Agreement is executed in five (5) counterparts, each
of which shall be deemed to be an original.
Signed at ______________, Massachusetts as to the undersigned Wife, on the day and
year first written above.
__________________________
Jane L. Smith, Wife
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
The above signed ______________________ made oath before me on ___________ that
this is her free act and deed.
______________________________
Notary Public
My Commission Expires _________
Signed at _______________, Massachusetts as to the undersigned Husband on the day
and year first written above.
____________________________
John J. Smith Husband
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
The above signed ______________________ made oath before me on ___________
that this is his free act and deed.
______________________________
Notary Public
My Commission Expires _________