Fill and Sign the Joint Custody Form

Annulment Property Settlement and Joint 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) . WHEREAS, on __________________________ (date), _______________ (Husband or Wife) 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 property, both real and personal, between them, and to provide for the custody, support, and maintenance of their minor child; 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 SeparateHusband 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. Example: That certain real property situated in ______________________ _________________ (county, state), and more specifically described as follows: ____________________________________________________ ____________________________________________________________ ____________________________________________________________ (legal description) ; B. Example: _________ shares of common stock of _________________; C. Example: One __________________ (make) automobile, serial number _________________________, title certificate number ______________, registered in the State of ______________; D. Example: __________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (List separately items of personal property, such as: clothing, furniture, books, works of art, stamp and coin collections, and similar property) . 4. Property Owned by Wife The following property is owned by Wife alone: A. Example: That certain real property situated in ______________________ ____________ (county, state), and more specifically described as follows: ____________________________________________________________ ________________________________________________________________________________________________________________________ (legal description) ; B. Example: ________shares of common stock of _________________; C. Example: One ___________________ (make) automobile, serial number ____________________, title certificate number _______________, registered in the State of _______________; D. Example: ___________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (List separately items of personal property, such as: clothing, furniture, books, works of art, stamp and coin collections, and similar property) . 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. Example: That certain real property situated in ______________________ ___________ (county, state) , and more specifically described as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (legal description) Said property is the former family residence of the parties, subject to a Promissory Note secured by a _________________________ (mortgage or deed of trust) of which the balance is approximately $_____________. B. Example: One _________________ (make) automobile, serial number ______________________, title certificate number ______________, registered in the State of ______________; C. Example: $_________________in a joint a checking account, account number ___________on deposit with ________________ Bank at ____________________________________________________________ (street address, city, state). 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. Example: Items A, B, C, and D of Paragraph 4; ii. Example: Item A of Paragraph 5; and iii. Example: Item C of Paragraph 5. 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. Example: Items A, B, C, and D of Paragraph 3; and ii. Example: Item B of Paragraph 5. 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 out- standing 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 _________________________ (Husband or Wife). B. _________________________ (Husband or Wife) shall pay to _________________________ (Wife or Husband) the amount of the difference in net values in equal monthly installments of $____________ commencing _________________________ (date). or [The amount of the difference in net values being minimal, (Wife or Husband) 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 TaxA. 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. Joint Custody of Child Husband and Wife shall share jointly between themselves the custodial responsibility for _________________________ (name of minor child). The custodial responsibility thus shared shall include all major decisions concerning the education, medical care, dental care and spiritual care of the child. The physical custody and control of the child shall be divided and shared between the parties as follows: A. _________________________ (Husband or Wife) shall have physical custody of the child during the school year. For this purpose, “school year” is defined as the period beginning one week before the first day of school following summer vacation, as designated by the appropriate authority for the school to be attended by the child, and ending one week after the last day of school before summer vacation, as designated by the same authority. B. _________________________ (Husband or Wife) shall have physical custody of the child during the summer vacation of the child from school. For this purpose, “summer vacation” means that period of each year between _______________________________________ (e.g., June 1 and August 30). C. It shall be the responsibility of the parent having physical custody of the child to make decisions concerning the day-to-day discipline and such ongoing and ordinary care as would be expected of a parent with whom a child resides. In addition, the parent having physical custody of the child shall have sole authority to sign for emergency medical care, school absence and other extraordinary activities or emergencies concerning the child. D. The party not having physical custody of the child shall maintain a constant relationship with the child and shall see the child on a regular basis upon ___________ hour notice to the parent who has physical custody. It is the expectation of the parties that they shall share equitably between themselves such major holidays as Christmas, Easter, the birthdays of _______________________ (name of minor child) either by alternating the evening prior to the holiday and the holiday itself on alternate years or by some other such equitable arrangement. E. The parties agree that it is in the best interest of the child that the parties continue to share the parental responsibilities between themselves and that it is in the best interests of the child to maintain a close and loving relationship with both parents. To that end, both parties agree to provide to their child constant and free access to themselves and additionally to continually apprise one another of their residence and telephone number and that of the child when the child is in their physical custody. 18. Place and Condition of Residence A. Neither Husband nor Wife shall not remove ________________________ (name of minor child) to a permanent abode outside this state without the other’s prior, express, and written consent or prior approval of a court of competent jurisdiction upon due hearing and notice. B. Wife now resides at ___________________________________________ _________________________ (street address, city, state). C. Husband now resides at ________________________________________ _________________________ (street address, city, state). 19. Support and Maintenance of Child A. Husband shall pay to Wife for the support, maintenance, care, medical and dental expenses, and education of __________________________ (name of minor child) 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 _________________________ (name of minor child), the obligation of Husband to pay support shall terminate at the end of the month in which such event occurs: the death of _____________________ (name of minor child) or the attainment of his or her 21st birthday. C. The obligation of Husband for support and maintenance of _________________________ (name of minor child) 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. ___________________ (Husband or Wife) shall be entitled to the dependency exemption allowable under the Internal Revenue Code. 20. Arbitration Parties agree that any legal action relating to or arising out of this agreement shall be brought exclusively in binding arbitration in _________________________ (city, state) and subject to the Rules of the American Arbitration Association. 21. 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. 22. 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. 23. 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. _________________________________ __________________________________ HUSBAND WIFE