Divorce Mandate Form

DIVORCE MANDATE FORM

This Divorce Mandate Form (the Mandate) is entered into between Petitioner Name: (hereinafter "Petitioner") and Respondent Name: (hereinafter "Respondent") as of Date: .

RECITALS

WHEREAS, the parties were lawfully married on: , and since that date issues have arisen requiring dissolution of marriage; and

WHEREAS, a dissolution proceeding has been filed or will be filed in the Court of competent jurisdiction identified as Court: , Case Number: ; and

WHEREAS, the parties desire to set forth herein the mandate, authority, and instructions to resolve dissolution matters by agreement, settlement, mediation or counsel authorization as set forth below.

NOW THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Mandate, the following definitions apply:

"Mandate" means the authority and instructions granted by the parties in this document to resolve divorce-related issues, including property division, support, custody, and procedural matters.

2. SCOPE OF MANDATE

The parties hereby mandate that the matters subject to this Mandate include: (a) equitable division of marital property and debts; (b) parenting plan, custody and parenting time; (c) child support and spousal support; (d) allocation of health care, insurance and education expenses; and (e) entry of any agreed judgment or decree necessary to effectuate settlement.

3. AUTHORITY GRANTED

Each party authorizes the other and jointly authorizes retained counsel or mediator to: (a) negotiate binding settlement terms; (b) prepare and exchange settlement documentation; (c) execute stipulated agreements and proposed judgments on behalf of the parties to the extent expressly authorized in writing; and (d) request the court to enter final orders consistent with the agreed terms. Any authorization to sign a specific legal instrument on behalf of the other party must be set forth in a separate written limited power of attorney signed by the authorizing party.

4. PROPERTY DIVISION

The parties shall identify and disclose all assets and liabilities. The parties mandate that division shall be conducted on the basis of the disclosures and negotiations. Material undisclosed assets discovered after execution of settlement documents shall be subject to equitable adjustment by the parties or by court order if an agreement cannot be reached.

5. CHILD CUSTODY AND SUPPORT

Absent a contrary written agreement, the parties shall propose a parenting plan that protects the best interests of the child(ren). The parties agree to exchange financial information and cooperate in establishing child support in accordance with applicable statutory guidelines or by agreement that clearly sets forth amounts, payment schedules, and duration.

6. SPOUSAL SUPPORT

Spousal support (alimony) shall be negotiated in good faith. Any agreed amount, duration, and conditions must be set forth in writing. The parties understand that the court may modify support only under applicable standards and as provided by statute or agreement.

7. LEGAL REPRESENTATION AND COSTS

Each party acknowledges that they have been advised to seek independent legal counsel. Fees and costs for attorneys, mediators, and experts shall be borne as agreed by the parties or as ordered by the court. Any agreed allocation of fees shall be set forth in writing.

8. CONFIDENTIALITY

Unless otherwise required by law or court order, the parties agree that settlement negotiations, mediation communications and settlement terms may be treated as confidential and inadmissible as evidence in subsequent proceedings to the extent permitted by law. Confidential terms to be preserved must be expressly identified in writing.

9. NOTICES

All notices required or permitted under this Mandate shall be in writing and delivered to the addresses or emails below and shall be effective upon personal delivery, confirmed overnight courier, or three business days after deposit in the U.S. mail, postage prepaid.

10. AMENDMENTS AND WAIVER

This Mandate may be amended only by a written instrument signed by both parties. No waiver of any breach of this Mandate shall be deemed a waiver of any other or subsequent breach, nor shall any waiver be valid unless in writing and signed by the party granting the waiver.

11. GOVERNING LAW

This Mandate shall be governed by and construed in accordance with the substantive laws of the state where the dissolution proceeding is filed without regard to conflict of laws principles. The parties submit to the jurisdiction of the courts therefor purposes of enforcing this Mandate.

12. ENTIRE AGREEMENT

This Mandate constitutes the entire agreement between the parties with respect to the matters addressed herein and supersedes all prior discussions, understandings, and agreements, whether oral or written, relating to the subject matter of this Mandate.

13. SEVERABILITY

If any provision of this Mandate is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid provision shall be reformed only to the extent necessary to make it enforceable.

14. AUTHORIZATION AND CERTIFICATION

Each party represents and warrants that they are of legal age, have the full power and authority to enter into this Mandate, and that no other consents are required for the execution of the agreements contemplated herein. By signing below the parties certify under penalty of perjury that the information provided in connection with this Mandate is true and correct to the best of their knowledge.

15. MISCELLANEOUS

This Mandate may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be deemed originals for all purposes.

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