Mississippi Marital Settlement Agreement (with minor children) Form
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SEPARATION AND CHILD CUSTODY
AND PROPERTY SETTLEMENT AGREEMENT
WHEREAS, ___________________, hereinafter referred to as "Wife", and
___________________, hereinafter referred to as "Husband", are now married; and
WHEREAS, the parties were separated on or about the ____ day of ___________, 20___, in
___________ County, Mississippi, and since that date have been living separate and apart; and
WHEREAS, the parties are separated and now living separate and apart and desire to make
a mutually acceptable settlement of their rights, liabilities, obligations and property rights arising out
of and during the course of their marital relationship. No reconciliation is contemplated.
NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as follows:
1. CHILD CUSTODY: Husband and Wife were married on the ____ day of
___________, 20___, and during the course of the marriage, ____ child(ren) were born, namely
___________________, born on the ____ day of ___________, 20___, and
___________________, born on the ____ day of ___________, 20___. Both Husband and
Wife are proper persons to have the permanent legal and physical custody, care and control of the
minor children of the parties. However, Wife shall have the permanent physical and legal custody,
care and control of the minor children of the parties, subject to Husband's reasonable visitation
rights as provided in this Agreement. "Physical Custody" of the children by Wife means that the
children shall reside with and shall be under the care and supervision of Wife, subject only to
Husband's visitation rights, and other rights stated herein.
Both Husband and Wife shall have joint legal custody of the minor children of the parties.
"Joint Legal Custody" means that Husband and Wife shall share the decision-making rights, the
responsibilities and the authority relating to the health, education and welfare of the children, and
shall, therefore, make joint decisions concerning the children’s health, education and welfare. Both
Husband and Wife shall exchange information concerning the health, education and welfare of the
minor children, and shall confer with one another in the exercise of decision- making rights,
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