I would NOT say by mutual agreement. You didn't want him to leave - you wanted him to quit having an affair and work on the marriage. I don't consider that mutual agreement.

I doubt there's any harm in simply signing something that says "My H moved out of the marital home on ....". Period. That's a simple fact and one you don't contest. Don't say another word past that...

Heyt - wait a minute - how many years have you been married? There are certain things that are affected by the length of the marriage (like 10 years to qualify to draw social security based on his income versus yours). Any important numerical anniversaries coming up?????????? If you are just shy of 10 or 20 years, you might want to be very careful.

Get legal advice.

Ellie