Default case with written agreement divorceor form
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Annulment Property Settlement, Child Support, and Custody Agreement This Agreement is made this the _____ day of _______________, 20______ between __________________________, (hereafter referred to as “Husband”), who resides at ____________________________________________________ (street address, city, state) and __________________________ (hereafter referred to as “Wife”) who resides at ____________________________________________________ (street address, city, state). WHEREAS, the parties to this Agreement were purportedly married on _________________________ (date) in ______________________________________ (city, county, state), and from such date until __________________________ (date), lived together ____________________________________________________ (e.g., in the good-faith belief that their purported marriage was valid); WHEREAS, Husband and Wife have the following child born of their purported marriage and now living: ____________________________________________________________________________________________________________________________________________________________ (set forth name, sex, and age of child(ren)) WHEREAS, on __________________________ (date), _______________ (Wife or Husband) commenced a court action to annul the purported marriage on the following grounds: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (state grounds) WHEREAS, this action is now pending before the __________________Court of __________________________________________ (county, state); WHEREAS, Husband and Wife are now, and have been since ______________________ (date), living separate and apart; WHEREAS, Husband and Wife intend, and it is the purpose of this Agreement, to make a complete and final settlement of all claims that either party may have against the other for ______________________________________________________________________________ (e.g., alimony or compensation for services rendered by either during the purported marriage), to provide fairly and adequately for such matters, to memorialize the separation of the parties and their Agreement to remain separated, to finalize their agreements as to the division of the
Ives; whereas, these reasons for dissolution of the purported marriage are as follows: (state reason) wife filed an action for dissolution of the marriage alleging that husband was guilty of breach of a promise and the trial court denied her petition. Wife had the issue remanded to a trial court for trial. Husband appealed the trial court's rejection of the divorce petition and the case was heard on. Husband contends that wife consented to the marriage and did not have grounds for divorce. Husband further claims that wife breached the promise of marriage and did not take full advantage of that opportunity. He contends that wife abused the marital rights of husband by using him to obtain financial advantages and by filing the divorce, as her own use, without his consent. Husband believes that both parties have suffered from this abuse and that she abused the marital rights of husband by filing this action when it was not her intention to file a divorce action; that it has become a continuing source of pain to be denied the opportunity to obtain the financial independence which is one of the key reasons he married her; that this case is a continuation of the past, although not necessarily the most serious or significant, part of the present marital abuse, to cause a permanent separation of the parties from each other in all important respects which have been and are essential to the maintenance of their individual and marital relationships; that because the trial court decision has not provided a complete and final determination of all matters with regard to these claims, and because the parties are bound by the decision of the trial court, this agreement as to the settlement of all claims is being entered as a final and definitive settlement of these claims and constitutes a declaration by husband and wife. Signed: (hereafter referred to as (wife's signature)) wife's signature date: .................................................. June 20, 2008, husband's signature date: .................................................. June 20, 2008
exhibits
exhibit 1
certification of child support order
i hereby certify that payment in the amount of (amount) has been made for (name of child), based on an order for child support in (city, county, state). Signed: (hereafter referred to as plaintiff (name of plaintiff)). Signed under penalty of false signature: (hereafter referred to as defendant (name of defendant)).
Signature of pledge recipient
exhibit 2
affidavit sworn to by plaintiff and defendant
subject: declaration of facts (part 1)
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FAQs california divorce agreement template
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