Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to obtain independent advice prior to the signing of this agreement. If you first execute a spousal separation agreement, you usually don`t have to submit the separation agreement to court to be effective. While you can take generous precautions for children in a marriage agreement and try to decide custody and access issues, you cannot limit or omit your obligation to support your minor children. Custody, access and assistance issues are still before the courts, and New York law requires the court to determine what is in the best interests of the child. The husband and wife agree that in the event of a final divorce or dissolution of the marriage, the wife has the right to retain her married name or to return to her maiden or previous name: _______.