California Real Estate Practice Chapter 7 Rockwell Slides

Marital Separation and Property Settlement Agreement with Dependent Minor Child(ren)

INSTRUCTIONS

When should this form be used? This form should be used when the parties desire to enter into a Separation Agreement in contemplation of a divorce, which has been filed or will be filed prior to the effective date of this Agreement. This form is for married persons with children. No joint property or debts. This form is for the State of Missouri.

This form should be completed on your computer, typed or printed in black ink. Both parties must sign the Agreement and have their signatures witnessed by a notary public. You may desire to print and sign duplicate originals so that both parties will have a signed original of the document.

Transfers of Title to Property: This form may not be sufficient to transfer title to property such as real estate, automobiles and other property to be divided. These transfers must be done by a deed, bill of sale, title or other instruction before the ownership is final.

Opportunity to Consult with Attorney: This Agreement provides that you were given an opportunity to consult with an attorney of your choice prior to execution of the Agreement.

Divorce Proceeding: This form provides that the parties intend to be bound by this Agreement when approved by the appropriate Court. The parties will file a divorce proceeding prior to signing this Agreement, or have pending a divorce action at the time of execution.

Husband Initials: Wife Initials:

IN THE CIRCUIT COURT OF COUNTY, MISSOURI

AT

PLAINTIFF, CASE NO.

v.

DEFENDANT.

MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
WITH DEPENDENT MINOR CHILD(REN)

NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT.

STATE OF MISSOURI

COUNTY OF

WHEREAS, , hereinafter referred to as "Wife", and , hereinafter referred to as "Husband", are now married, having been married on the day of , , in County, ; and

WHEREAS, the parties were separated on or about the day of , 20, while residing in County, , and since that date have been living separate and apart; and

WHEREAS, differences have arisen between the parties that have resulted in the marriage being irretrievably broken and there is no reasonable likelihood that the marriage can be preserved. The parties make this Agreement to settle once and for all what the parties owe to each other and what the parties can expect to receive from each other; and

Husband Initials: Wife Initials:

WHEREAS, the parties 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 and child custody, support and visitation. No reconciliation is contemplated; and

WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc.; and

WHEREAS, the parties intend that this Agreement shall be binding and effective subject to approval by the Court in that certain action pending in the Circuit Court of County, Missouri, at , Cause Number , which is a divorce action involving Husband and Wife.

NOV 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 set forth above and below and being sworn, certify that the all statements contained herein are true and correct:

SECTION 1.

SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS

The parties shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried...

SECTION 2.

FINANCIAL DISCLOSURES

By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status, including their assets and liabilities of all types and agree that the terms of this Agreement are fair, just, and equitable after consideration of the financial status of the parties.

SECTION 3.

ASSETS

In General. Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other except as otherwise provided herein. There is no joint property to divide.

Retirement Accounts. The parties represent that all retirement and pension accounts have been disclosed and agree that there will not be a division of retirement pension accounts and each party shall keep their respective retirement and pension type accounts.

Life Insurance. Except as otherwise provided in this Agreement, the parties agree that they will remove each other’s names from their respective life insurance policies...

Household Furnishing and Effects. (Select as appropriate)

The household furnishings and effects of the parties have been mutually divided by the parties and neither makes claim to any such property in the possession of the other except as provided below.

Wife agrees that the Husband shall retain all of the household furnishings and effects presently located on the premises at , excepting those items already removed by the Wife, or to be removed, with the Husband’s permission, or as provided below.

Husband shall be entitled to possession of the following household furnishing and effects:

Wife shall be entitled to possession of the following household furnishings and effects:

Marital Home.

Husband owns improved premises which has been occupied as the marital residence of the parties located at .

Wife owns improved premises which has been occupied as the marital residence of the parties located at .

Husband and Wife rent premises, which has been occupied as the marital residence of the parties located at . Wife shall remain and be responsible.

Husband and Wife rent premises, which has been occupied as the marital residence of the parties located at . Husband shall remain and be responsible.

Other:

SECTION 4.

DEBTS, LIABILITIES AND EXPENSES

Each party agrees to pay their respective debts and agree that there are no joint debts that remain unpaid at the time of the execution of this Agreement. Husband shall pay his debts and Wife shall pay her debts.

SECTION 5.

FUTURE EARNINGS AND ACQUISITIONS

All income, earnings, or other property received or acquired by either party on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party.

SECTION 6.

SPOUSAL SUPPORT (ALIMONY)

1. The parties mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support.

2. Husband Wife agrees to pay spousal support (alimony) in the amount of $ every week other week month, beginning and continuing until .

Explain type of alimony and any other specifics:

Life insurance in the amount of $ to secure the above support, will be provided by the obligor.

SECTION 7.

CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION

A. The following child(ren) have been born to the marriage of the parties:

Name Birth date

B. Parental Responsibility – Child Custody

Husband shall have primary parental responsibility and custody.

Wife shall have primary parental responsibility and custody.

Husband and Wife shall have joint primary parental responsibility and custody.

C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions.

D. Secondary Parental Responsibility, Visitation, or Time Sharing - Schedule.

E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions.

F. Other Provisions.

SECTION 8.

CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE

A. Amount and Person to Pay. Husband Wife will pay child support to Wife Husband for the benefit of the minor children in the amount of $ per child, every week other week month, beginning .

B. Child Support Arrearage.

There currently is a child support arrearage of $ and/or $ . The total of $ shall be repaid at the rate of $ every week other week month, beginning .

C. Health Insurance.

Husband Wife will maintain health insurance coverage for the minor child(ren).

Health insurance is not reasonably available at this time.

Uninsured/unreimbursed medical costs shall be:

Shared equally by both parents.

Prorated according to the child support guideline percentages.

Other:

D. Dental Insurance.

Husband Wife will maintain dental insurance coverage for the minor child(ren).

Dental insurance is not reasonably available at this time.

Uninsured/unreimbursed dental costs shall be:

Shared equally by both parents.

Prorated according to the child support guideline percentages.

Other:

E. Life Insurance.

Husband Wife shall be required to maintain life insurance coverage for the benefit of the minor child(ren) in the amount of $ until the youngest child becomes an adult, emancipated, marries, dies, or otherwise becomes self-supporting.

F. IRS Income Tax Deduction(s).

G. Other provisions relating to child support:

SECTION 9.

MUTUAL INDEMNITY

The parties agree in regard to the payment of debts and other liabilities as stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same.

SECTION 10.

INCOME TAXES

The parties shall file separately for the year and each year thereafter.

SECTION 11.

ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION

Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof.

SECTION 12.

DIVORCE

This Agreement shall be incorporated into judgment of the Circuit Court of County, Missouri, at , Cause Number .

SECTION 13.

MODIFICATION

SECTION 14.

ABSENCE OF DURESS OR UNDUE INFLUENCE

SECTION 15.

RELEASE, WAIVER, BINDING EFFECT, AND ESTATES

SECTION 16.

ENFORCEMENT

SECTION 17.

BANKRUPTCY

SECTION 18.

ENTIRE AGREEMENT

SECTION 19.

FULLY READ AND UNDERSTAND; INFORMED CONSENT

SECTION 20.

SEVERABILITY

SECTION 21.

CONTROLLING LAW

SECTION 22.

EFFECTIVE DATE; HEIRS AND ASSIGNS

EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfied with this Agreement and intend to be bound by it.

STATE OF MISSOURI

COUNTY OF

On this day of in the year , before me, the undersigned notary public, personally appeared , known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

_________________________________

Notary Public

Print Name:

My commission expires:

STATE OF MISSOURI

COUNTY OF

On this day of in the year , before me, the undersigned notary public, personally appeared , known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

_________________________________

Notary Public

Print Name:

My commission expires: