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- 1 - MODEL LANGUAGE FOR INCLUSION IN DISSOLUTION AGREEMENT The language below is intended to more than satisfy the new case law requirement that waivers be backed up by STIPULATED FINDINGS that agreements are fair and some other things.****************************************************************************** XIV. Following independent investigation of underlying facts, the parties each agree as follows,a.full disclosure of each party's financial circumstances has occurred;b.each party's waiver of maintenance is supported by specific valuable consideration including the overall terms of settlement herein; the reciprocal waiver of the other party's potential claim to maintenance; Respondent's agreement to remain on the homestead mortgage pursuant to paragraph 4, below; and Petitioner's agreement to return Respondent's no marital property. c.both the stipulation to waive maintenance and the overall stipulation between the parties herein are each fair and equitable under the circumstances.d. each party permanently waives any claim to any spousal maintenance upon the entry of the court's decree; e.the court shall be permanently divested of jurisdiction to award spousal maintenance with respect to this marriage; f.that waiver and that divestiture shall be effective immediately upon entry of the court's decree. 2.By mutual agreement of the parties, any claim to spousal maintenance is hereby permanently waived. The court is permanently divested of jurisdiction to award spousal maintenance with respect to this marriage. - 2 - ******************************************************************** XIV. The settlement set forth herein places specific obligations for timely payment of joint debt upon each party individually. Untimely payment, default, or bankruptcy by one party ordered to promptly pay a certain joint debt of the parties, however, could cause creditors to seek payment from the second party or could cause damage to the second party by causing unavailability of credit to the second party. Such shifting of the financial burden of debt repayment or other consequential damages would upset the equity of the parties' settlement. XV. The parties agree that the court should reserve jurisdiction over the issue of spousal maintenance solely to remedy such damages and for no other purpose. If late payment, default, or bankruptcy of one party ordered to pay a specific joint debt results in actual damage to the other, the court shall award spousal maintenance to provide indemnification to the second party for all direct and consequential damages, including attorneys fees and costs necessary to obtain the court's intervention. That reservation shall continue only so long as the parties share joint liability for specific debts to third party creditors enumerated herein. Upon satisfaction of the last joint debt, the court shall be permanently divested of jurisdiction to award spousal maintenance for any purpose. XVI. Following independent investigation of underlying facts, and subject to the one limited exception outlined immediately above, the parties should each duly agree as follows, a. full disclosure of each party's financial circumstances has occurred;b.each party's waiver of maintenance is supported by specific valuable consideration including the overall terms of settlement herein and also the reciprocal waiver of the other party's potential claim to maintenance; - 3 - c. both the stipulation to waive maintenance and the overall stipulation between the parties herein are each fair and equitable under the circumstances.d. each party permanently waives any claim to any spousal maintenance upon the entry of the court's decree; e.the court shall be permanently divested of jurisdiction to award spousal maintenance with respect to this marriage; f.that waiver and that divestiture shall be effective immediately upon entry of the court's decree. XVII. Subject to the one exception outlined immediately above, the parties each agree to permanently waive any claim to any spousal maintenance upon the entry of the court's decree, and that the court shall be permanently divested of jurisdiction to award spousal maintenance with respect to this marriage. That waiver and that divestiture shall be effective immediately upon entry of the court's decree. ----- IT IS ORDERED: 1.The bonds of matrimony heretofore existing between the parties are hereby dissolved.2.The court reserves jurisdiction over the issue of spousal maintenance solely to remedy damages to either party for failure by the other to promptly pay joint obligations as ordered. If late payment, default, or bankruptcy of one party ordered to pay a specific joint debt results in actual damage to the other, the court shall award spousal maintenance to provide indemnification to the second party for all direct and consequential damages, including attorneys fees and costs necessary to obtain the court's intervention. That reservation shall continue only so long as the parties share joint liability for specific debts to third party creditors enumerated herein. Upon satisfaction of the last joint debt, the court shall be permanently divested of - 4 - jurisdiction to award spousal maintenance for any purpose. 3. Subject to the one exception outlined immediately above, the parties hereby permanently waive any claim to any spousal maintenance upon the entry of the court's decree. Subject to the one exception outlined immediately above, the court is hereby permanently divested of jurisdiction to award spousal maintenance with respect to this marriage.4.Each party is awarded their own customary personal vehicle subject to all encumbrances thereon.