Business Plan for Fraternities and Sororities

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

KS-DO-11A

INSTRUCTIONS

When should this form be used?

This form should be used when the parties desire to enter into a Separation Agreement to be effective immediately. This form is for married persons with children with joint property or debts. This form is for the State of Kansas.

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 as a contract between the parties regardless of whether a divorce action is filed. Certain conduct may invalidate the Agreement such as cohabitation and sexual relations with each other after signing the Agreement. If a divorce action is filed, the Court may or may not be bound by all provisions contained in the Agreement. For example, Courts generally have the final say about child custody, child support, alimony and other like matters.

Husband Initials:     Wife Initials:

STATE OF KANSAS

COUNTY OF

WHEREAS, (full legal name), hereinafter referred to as "Wife", and (full legal name), 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

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, and each may conduct, carry on and engage in any employment, business or trade which each shall seem advisable for their sole and separate use and benefit, without, and free from any control, restraint or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other, if any.

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

A. 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 stated in this Agreement. The parties agree to divide their assets (everything they own and that is owed to parties) as provided below. Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Each party shall retain as his or her own all of their personal clothing, jewelry and effects.

B. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets:

ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE

(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s, husband’s, or both.)

C. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets:

ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE

(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s, husband’s or both.)

D. Contingent Assets and Liabilities shall be divided as follows:

E. Additional Retirement Account Provisions. The parties represent that all retirement and pension types of accounts have been disclosed and agree to the following division of same:

F. Additional Life Insurance Provisions. The parties agree in reference to their respective life insurance policies the following (indicate policies, owner, beneficiary):

G. Additional Household Furnishing and Effects Provisions. (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 above.

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, except as listed and provided above.

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

H. Additional Marital Home Provisions.

The marital home of the parties shall be:

i) Occupied by ( ) Husband ( ) Wife. Husband Wife

ii) Titled in the name of ( ) Husband ( ) Wife. Husband Wife

The expenses of the marital home are and shall be paid as follows:

i) Wife Husband shall pay the mortgage payments. This obligation terminates .

ii) Wife Husband shall pay the utilities and other expenses in connection with the upkeep and maintenance of the home. This obligation terminates .

iii) Wife Husband shall pay all taxes, insurance and assessments. This obligation terminates .

I. Additional Provisions or explanations:

SECTION 4.

DEBTS, LIABILITIES AND EXPENSES

A. Except as otherwise provided herein each party agrees to pay their respective individual debts.

B. Division of Liabilities/Debts. The parties divide their liabilities (everything they owe) as follows:

Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills:

C. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills:

SECTION 5.

FUTURE EARNINGS AND ACQUISITIONS

All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title, and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default.

SECTION 6.

SPOUSAL SUPPORT (ALIMONY)

one only

1. In consideration of the provisions contained herein for the respective benefits of the parties and other good and valuable considerations, the parties hereto mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support, whether past, present or future. Thus, each of the parties forever give up any right to spousal support (alimony) that they may have from the other.

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:

B. Parental Responsibility - Child Custody

Both Husband and Wife are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of the parties, and shall, therefore, make joint decisions concerning the children’s health, education and welfare.

However, the parties agree that the best interest of the child(ren) at this time is that primary parental responsibility and physical custody of the minor child(ren) will be and agree as follows:

Husband shall have primary parental responsibility and custody of the minor child(ren) of the parties subject to the visitation rights of Wife.

Wife shall have primary parental responsibility and custody of the minor child(ren) of the parties subject to the visitation rights of Husband.

Husband and Wife shall have joint primary parental responsibility and custody of the minor child(ren) of the parties, both legal and physical.

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

Visitation shall be conducted pursuant the following general provisions:

i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent.

ii) Visitation means the visiting parent will have the children visit in his or her home overnight. It may include trips and outings elsewhere.

iii) Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule.

iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests.

v) Visitation should provide meaningful personal contact for both the visiting parent and the children.

vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent.

vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts.

viii) It is in the child's best interest for each parent to have a frequent, meaningful and continuing relationship with their children.

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

The non-custodial parent is entitled to reasonable visitation with the minor child(ren). Husband and Wife adopt the following visitation schedule for the non-custodial parent:

Birth to 1 Year of Age

i) Non-custodial parent shall have four (4) visits with the child per week, with such contact lasting four (4) hours in length.

ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime.

iii) Holiday Access takes precedence over the regularly scheduled visitation plan.

1 Year of Age to 5 Years of Age

i) The non-custodial parent shall have access on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

ii) Additionally, the non-custodial parent shall be permitted one (1) week night each and every week with the child from 5:30 p.m. until 7:30 p.m.

iii) Holiday Access takes precedence over the regularly scheduled access/visitation plan.

iv) Summer Visitation: The non-custodial parent shall have one (1) week of vacation with the children each June, July and August of each year.

5 Years of Age and Beyond

i) Non-custodial parent shall have access with the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the weekend access from 5:30 p.m. to 7:30 p.m.

ii) In addition, the non-custodial parent shall have access with the child during the week immediately following the weekend visitation on Tuesday and Thursday evening from 5:30 p.m. until 7:30 p.m.

iii) Holiday Access takes precedence over the regularly scheduled access/visitation plan.

iv) Mother's Day/Father's Day: the mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

v) Summer Visitation: The non-custodial parent shall have five (5) weeks of summer visitation with the child to be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to be nonconsecutive.

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

1. Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation.

2. Appropriate Conduct By Parents.

3. Parental Communication.

4. Grade Reports and Medical Information.

5. Visitation Clothing.

6. Visitation or Support Disputes.

7. Adjustments to This Visitation Schedule.

8. Pickup and Drop-off.

9. Extracurricular Activities.

10. Notice of Canceled Visitation.

11. Missed Visitation.

12. Custodial Parent's Vacation.

13. Caretaker Provision.

14. Telephone and Mail Privileges.

15. Medical Reports and Bills.

16. Abatement of Support During Extended Visitation.

17. Modification.

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 of the parties in the amount of $ , every week other week month, beginning and continuing until modified by court order, or the minor child(ren) becomes an adult, emancipated, marries, dies, otherwise becomes self-supporting.

B. Child Support Arrearage. There currently is a child support arrearage of $ for retroactive child support and/or $ for previously ordered unpaid child support. The total of $ in child support arrearage shall be repaid at the rate of $ every week other week month, beginning , until paid in full including statutory interest.

C. Health Insurance. Husband Wife will maintain health insurance coverage for the parties’ minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR Health insurance is not reasonably available at this time.

Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows:

a. Shared equally by both parents.

b. Prorated according to the child support guideline percentages.

c. Other:

As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

D. Dental Insurance. Husband Wife will maintain dental insurance coverage for the parties’ minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR dental insurance is not reasonably available at this time.

Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows:

a. Shared equally by both parents.

b. Prorated according to the child support guideline percentages.

c. Other:

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

F. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties’ minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows:

The other parent will convey any applicable IRS form regarding the income tax deduction.

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

With respect to any earlier year in which the parties filed joint Federal and State Income Tax Returns, each party agrees to indemnify the other for any income tax liability, penalty or deficiency associated with his or her income and shall hold the other party harmless therefor.

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

It is agreed and understood that this Agreement finally settles all rights of the parties and the property jointly or individually owned by the parties, and that this Agreement, and the enforceability thereof, is not contingent upon either party or both parties being granted a divorce on any grounds.

The parties agree that this Agreement shall be made a part thereof and that such decree or judgment shall not conflict with the terms hereof except to the extent disapproved by the Court.

The parties agree and submit to the personal jurisdiction of the District Court in and for the County of , Kansas.

SECTION 13.

MODIFICATION

This Agreement shall stop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce or modify the terms and provisions hereof, except that the Property Settlement provision shall not be subject to modification.

SECTION 14.

ABSENCE OF DURESS OR UNDUE INFLUENCE

The parties agree and state that each has freely and voluntarily entered into this Agreement.

SECTION 15.

RELEASE, WAIVER, BINDING EFFECT, AND ESTATES

Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other.

The parties shall refrain from, release and relinquish any and all claims that he or she may have had, may now have, or may hereafter acquire to share in any capacity or to any extent whatsoever, in the estate of the other.

SECTION 16.

ENFORCEMENT

This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement.

SECTION 17.

BANKRUPTCY

To the extent of any obligation contained herein is discharged in bankruptcy and the non-bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged.

SECTION 18.

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original.

SECTION 19.

FULLY READ AND UNDERSTAND; INFORMED CONSENT

Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation.

SECTION 20.

SEVERABILITY

If any portion of the Agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and administered as if such void, voidable or unenforceable portion did not appear herein.

SECTION 21.

CONTROLLING LAW

This Agreement shall be governed, enforced and interpreted according to the laws of the State of Kansas.

SECTION 22.

HEIRS AND ASSIGNS

This Agreement shall be binding upon their legal representatives, successor, heirs and assigns.

EXECUTED AND AGREED ON THE DATES SET FORTH BELOW.

STATE OF KANSAS

COUNTY OF

This instrument was acknowledged to me on by .

______________________________

Notary Public

Print Name:

My commission expires:

STATE OF KANSAS

COUNTY OF

This instrument was acknowledged to me on by .

______________________________

Notary Public

Print Name:

My commission expires: