Fill and Sign the Ancillary Pretrial Stipulation Form

Form 466Rev 08/2018 - 1 - The Family Court of the State of Delaware In and For New Castle County Kent County Sussex County ANCILLARY PRETRIAL STIPULATION Petitioner v. Respondent Petitioner v. RespondentNameName Case Name Street Address (including Apt)Street Address (including Apt) P.O. Box NumberP.O. Box Number File Number City/State/Zip CodeCity/State/Zip Code Phone D.O.B. Phone D.O.B. Petition Number Attorney Name Attorney Name E-Mail AddressE-Mail Address Date of Marriage FAX NumberFAX Number Date of Separation Date of Divorce Employer NameYears EmployedEmployer NameYears Employed Employer AddressEmployer Address Position or OccupationPosition or Occupation Current Annual IncomeCurrent Annual Income If you have remarried, indicate date of marriageIf you have remarried, indicate date of marriage Form 466Rev 08/2018 - 2 - A. ESTIMATED TRIAL TIMEPETITIONER’S Estimated Trial Time: RESPONDENT’S Estimated Trial Time: B. HOUSEHOLD BELONGINGSHave household belongings been divided?Petitioner: Yes No Respondent: Yes No C. PENSIONSHave qualified domestic relations orders (QDROs) or pension allocation orders been prepared for all marital pension plans?Petitioner: Yes No Respondent: Yes No D. ISSUES IN AGREEMENT1. List marital assets and their specific values: ASSETS AMOUNT COMMENTS Names and dates of birth of minor children of the parties.Indicate with whom the child(ren) reside: Mother (M), Father (F), Shared (S).Name D.O.B.Resides with M F S M F S M F S M F S M F S M F S Names and dates of birth of adult children of the parties.Indicate with whom the child(ren) reside: Mother (M), Father (F), Shared (S).Name D.O.B. Enrolled in School Y N Y N Y N Y N Y N Y N Date of settlement meeting*: Jurisdiction has been retained for the following: Date of pretrial conference: Property Division Alimony Date and time of ancillary hearing: Counsel Fees Court Costs *or reason why not held: Percentage Distribution Requested by: Petitioner Respondent Form 466Rev 08/2018 - 3 - ASSETS AMOUNT COMMENTS 2. List marital debts to be shared and their specific balances: DEBTS AMOUNT COMMENTS 3. State the annual incomes which the parties agree should be attributed to each party: Petitioner: $ Respondent:$ 4. State other issues in agreement: ====E. ISSUES IN DISPUTE1. List the marital assets in dispute and state each party’s position: ASSETS / AMOUNT PETITIONER’S POSITIONRESPONDENT’S POSITION / / / / / / / / / / 2. List the debts in dispute and state each party’s position: DEBTS / AMOUNT PETITIONER’S POSITIONRESPONDENT’S POSITION / / / / / / / / / 3. If either party’s income is in dispute, state the basis of each party’s position: PETITIONER’S POSITIONRESPONDENT’S POSITION Form 466Rev 08/2018 - 4 - 4. State other issues in dispute and each party’s position: ISSUE PETITIONER’S POSITIONRESPONDENT’S POSITION F. WITNESSESList the witness(es) you expect to call and the reason for their testimony. Other witnesses will be permitted to testify only with Court approval: PETITIONER’S WITNESS(ES) RESPONDENT’S WITNESSES(ES) Name of WitnessReason for TestimonyName of WitnessReason for Testimony Form 466Rev 08/2018 - 5 - G. OTHER RELEVANT CIRCUMSTANCESList any other relevant considerations (including factors listed in Title 13, Section 1513 of the Delaware Code, such as extraordinary or dissipation by a party, exceptional gifts, or non-marital assets): PETITIONERRESPONDENT H. ALIMONYIf alimony is requested, the party seeking alimony is to complete the following:1. Have you cohabitated with another adult since separation? Yes No 2. Amount of monthly child support received from either party: 3. Amount of monthly alimony: $ Date of Order: 4. Reasons party is dependent. If health is at issue, identify the supporting evidence to be presented at trial: 5. Use the Form 465 Ancillary Financial Disclosure Report to list your CURRENT and PROPOSED expenses, and attach to this form.I. PROPOSED REASONSPursuant to Title 13, Section 15413 of the Delaware Code, the Court, in dividing the marital property and allocating the marital debts, must consider the following factors:1. The length of the marriage; PETITIONERRESPONDENT 2. Any prior marriage of the party; PETITIONER’S POSITIONRESPONDENT’S POSITION 3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; PETITIONER’S POSITIONRESPONDENT’S POSITION 4. Whether the property award is in lieu of or in addition to alimony; PETITIONER’S POSITIONRESPONDENT’S POSITION Form 466Rev 08/2018 - 6 - 5. The opportunity of each for future acquisitions of capital assets and income; PETITIONER’S POSITIONRESPONDENT’S POSITION 6. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker or spouse; PETITIONER’S POSITIONRESPONDENT’S POSITION 7. The value of the property set apart to each party; PETITIONER’S POSITIONRESPONDENT’S POSITION 8. The economic circumstances of each party at the time of the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; PETITIONER’S POSITIONRESPONDENT’S POSITION 9. Whether the property was acquired by gift, except those gifts excluded by Title 13, Section 1513(b)(1) of the Delaware Code; PETITIONER’S POSITIONRESPONDENT’S POSITION 10. The debts of the parties; PETITIONER’S POSITIONRESPONDENT’S POSITION 11. Tax consequences; PETITIONER’S POSITIONRESPONDENT’S POSITION J. OTHER Attach a “Wright Chart” and a proposed form of Order. State any other stipulations below: == Form 466Rev 08/2018 - 7 - The litigants are hereby bound in the ancillary proceedings by the stipulations made above, absent a showing of good cause and amended Court Order and have an affirmative duty to provide the Court with any material change in information.At the Court’s discretion, the parties may be required to amend, resubmit or supplement the Ancillary Pretrial Stipulation. Failure to comply may result in the imposition of sanctions that may include, but are not limited to, dismissal of the ancillary matters with prejudice, fines, counsel fees and/or forfeiting the Ancillary Hearing date. At least seven days prior to the ancillary hearing, the parties shall exchange and premark all exhibits, with the exception of any exhibits which either party seeks to introduce solely for the purpose of impeaching the other party. Petitioner’s exhibits shall be premarked “P-_” and Respondent’s exhibits shall be premarked “R-_.” At the commencement of the Ancillary Hearing, the parties shall submit a stipulation of the matters about which they agree and the matters that remain at issue, and Qualified Domestic Relations Orders (“QDROs”) dividing any assets which either party proposes be divided by QDRO. PETITIONER RESPONDENT PETITIONER’S ATTORNEY RESPONDENT’S ATTORNEY DATE DATE IT IS SO ORDERED. JUDGE DATE Date emailed/mailed: Form 466Rev 08/2018 - 1 - WRIGHT v. WRIGHT CHART * Both Petitioner and Respondent must complete this Chart. * Completed by: Petitioner: Respondent: (Enter Name Here) (Enter Name Here) Date: Attorney Name: ASSETS VALUE (Net)PetitionerRespondent $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ASSET TOTAL$ $ $ $ $ owes $ on Assets. Form 466Rev 08/2018 - 2 - WRIGHT v. WRIGHT CHART Completed by: Petitioner: Respondent: (Enter Name Here) (Enter Name Here) Date: Attorney Name: DEBTS *(* Subject to documentation)VALUE (Net)PetitionerRespondent $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ DEBT TOTAL$ $ $ $ $ owes $ on Debts.Total Payment by to of $ . Form 466Rev 08/2018 - 3 - WRIGHT v. WRIGHT CHART Completed by: Petitioner: Respondent: (Enter Name Here) (Enter Name Here) Date: Attorney Name: TAX DEFERRED ASSETS