Annulment Property Settlement, Child Support, and Custody Agreement

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 and

(hereafter referred to as “Wife”) who resides at .

WHEREAS, the parties to this Agreement were purportedly married on (date) in , and from such date until (date), lived together

WHEREAS, Husband and Wife have the following child born of their purported marriage and now living:

WHEREAS, on (date), commenced a court action to annul the purported marriage on the following grounds:

WHEREAS, this action is now pending before the Court of ;

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 , 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 property, both real and personal, between them, and to provide for the custody, support, and maintenance of their minor child(ren);

WHEREAS, both Husband and Wife have each retained and have been represented by independent legal counsel in connection with the negotiations for and the drafting of this Agreement;

NOW, THEREFORE, in consideration of the above, and the terms and covenants of this Agreement, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows:

1. Living Separate

Husband and Wife shall, after the effective date of this Agreement live separate and apart, each free from all dominion, restraint, and control by the other, whether direct or indirect, as fully as if unmarried. Each party may, after the effective date of this Agreement, reside at such place or places as he or she may select.

2. No Harassment or Interference

Neither party shall harass or interfere with the other nor compel or attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action or otherwise.

3. Property Owned by Husband

The following property is owned by Husband alone:

A.

B.

C. , serial number , title certificate number , registered in the State of ;

D.

4. Property Owned by Wife

The following property is owned by Wife alone:

A.

B.

C. , serial number , title certificate number , registered in the State of ;

D.

5. Property Owned by Husband and Wife

The following property is owned by Husband and Wife together (as joint tenants with right of survivorship or as tenants in common or as the case may be):

A.

Said property is the former family residence of the parties, subject to a Promissory Note secured by a of which the balance is approximately $.

B. , serial number , title certificate number , registered in the State of ;

C. $ in a joint checking account, account number on deposit with Bank at .

6. Property Apportioned to Wife

A. There is hereby apportioned, set aside, and/or transferred and confirmed to Wife, free of all claim and demand of Husband, the following items as numbered and described in Paragraphs 3, 4, and 5 of this agreement.

I.

ii.

iii.

B. Each item of property set aside and transferred to Wife is assigned to and taken by her with all encumbrances and other obligations to which such items may be subject. Wife shall pay and discharge all such encumbrances and obligations and hold Husband harmless from such encumbrances and obligations.

7. Property Apportioned to Husband

A. There is hereby apportioned, set aside, and/or transferred and confirmed to Husband, free of all claim and demand of Wife, the following items as numbered and described in Paragraphs 3, 4, and 5 of this Agreement.

i.

ii.

B. Each item of property set aside and transferred to Husband is assigned to and taken by him with all encumbrances and other obligations to which such items may be subject. Husband shall pay and discharge all such encumbrances and obligations and hold Wife harmless from such encumbrances and obligations.

8. Value of Property Apportioned

A. The present net value of all items apportioned to Wife under Paragraph 6 of this Agreement, after deducting all encumbrances and obligations outstanding against such property and assumed by Wife, but including the equity and interest of wife in such property prior to the apportionment and transfer to her, is $.

B. The present net value of all items apportioned to Husband under Paragraph 7 of this Agreement, after deducting all encumbrances and obligations outstanding against such property and assumed by Husband, is $.

9. Differences in Values of Property Apportioned; Payment of Difference

A. The difference between the net value of the property apportioned to Wife and the net value of the property apportioned to Husband, as set forth in Paragraph 8 of this Agreement is $ in favor of .

B. shall pay to the amount of the difference in net values in equal monthly installments of $ commencing or [The amount of the difference in net values being minimal, waives and releases all claims arising from such difference].

10. Execution of Instruments

Each party shall promptly execute and deliver to the other party, all instruments that may be necessary, convenient, or appropriate to carry into effect fully and fairly, all the provisions of this Agreement for division and confirmation of property, and appropriate mutual releases.

11. Release of Property Rights

Each party releases, quitclaims, and assigns to the other party all his or her right, title, and interest, present and prospective, in each item of property apportioned in this agreement, set aside, transferred, and confirmed to the other party.

12. Full Disclosure of Property Interests

Each party represents and warrants that he or she has made a full disclosure of all his or her property and that neither has knowledge of any other property of any kind in which the party so representing has any beneficial interest.

13. Insurance on Property

All fire and extended coverage, and liability and casualty insurance policies upon or relating to any real or personal property described or referred to in this agreement, and now in existence, shall be transferred with the property to which such insurance pertains to the party receiving such property pursuant to this Agreement, without charge or credit to either party in respect of the surrender value of such insurance.

14. Debts and Obligations

Each of the parties shall pay all debts incurred by him or her after the effective date of this agreement and indemnify the other party from and against any and all liability relating to such debts.

15. Support and Maintenance of Wife

Husband shall pay to Wife as and for her necessary support and maintenance, the sum of $ per month, on or before the first day of each month, and continuing thereafter until the remarriage of Wife, the death of Wife, or the death of Husband, whichever event shall first occur. All payments by Husband for the support and maintenance of Wife shall be separate from any other obligation of husband under and pursuant to this agreement to make payments to Wife.

16. Liability for Income Tax

A. The parties shall execute and file joint income tax returns, both federal and state, for the tax year ending (date), and Husband shall pay all taxes determined to be due under such returns.

B. Husband shall be entitled to receive and retain as his own any income tax refunds made under the above-mentioned returns, and Wife agrees to endorse and surrender to Husband all tax refund checks.

C. Each party shall be responsible for the preparation and filing of separate income tax returns for all tax years after the above-specified date, and each party shall be solely responsible for taxes found due on his or her returns so filed.

17. Child Custody

Wife shall have the sole care, custody and control of the following named minor child(ren) of the marriage: shall reside with her. Such care, custody and control shall continue with respect to each child until that child reaches the age of 18, subject, however, to the visitation provisions set forth below in this Agreement.

18. Place and Condition of Residence

A. Wife shall not remove to a permanent abode outside this state without husband’s prior, express, and written consent or prior approval of a court of competent jurisdiction upon due hearing and notice.

B. Wife and are now residing at .

19. Visitation Rights

A. Husband shall have the right to visit at reasonable times and at reasonable intervals; and to have accompany him from Wife’s place of residence at reasonable times and for reasonable periods provided that he shall not keep any of the children away from their residence later than midnight on any such occasion, without Wife’s prior consent.

B. In addition to the above, Husband shall have the privilege of having visit him at his residence and stay with him there on weekends and during holiday periods for not to exceed . During such periods when the children or any of them are with Husband, he may take them on short journeys as he may choose and they may desire, provided that he shall not without the prior consent of the Wife, take them from this state. Husband shall make prior arrangements with Wife for each of such weekend or holiday visit at least days prior to the commencement of such visit.

C. The rights of visitation expressed in this section shall not be exercised by Husband at any time or in such a manner as to interfere with the education and normal social and school activities of any of the children.

20. Consultation Concerning Health, Education and Welfare of Child

A. In spite of her general custody of , Wife shall confer with Husband from time to time with respect to the welfare of the , and particularly as to educational, health, and disciplinary matters of a substantial nature, such as, by way of examples, during the serious illness or prior to a scheduled medical operation or in connection with the selection of a college for the higher education.

B. It shall at all times be the objective of both parties to decide all questions affecting each of in such manner as to promote the welfare, happiness, and well-being of .

21. Support and Maintenance of Child

A. Husband shall pay to Wife for the support, maintenance, care, medical and dental expenses, and education of the sum of $ per month, beginning (date).

B. On the occurrence of the first to occur of any of the following events with respect to , the obligation of Husband to pay support shall terminate at the end of the month in which such event occurs: the death of or the attainment of his or her 21st birthday.

C. The obligation of Husband for support and maintenance of as provided in this Paragraph shall be separate from all other obligations contained in this Agreement and shall continue as obligations of and charges against Husband’s estate upon his death, to the extent and for the period that such obligation shall be in force and effect at the time of his death.

D. shall be entitled to the dependency exemption allowable under the Internal Revenue Code.

22. Arbitration

Parties agree that any legal action relating to or arising out of this agreement shall be brought exclusively in binding arbitration in and subject to the Rules of the American Arbitration Association.

23. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

24. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party.

25. Governing Law

It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

WITNESS our signatures as of the day and date first above stated.