Legal Post Decree Template

LEGAL POST-DECREE AGREEMENT

This Post-Decree Agreement (the "Agreement") is made and entered into on this , by and between Client Name: , residing at (hereinafter "Party A"), and Client Name: , residing at (hereinafter "Party B").

RECITALS

WHEREAS, the parties are subject to a prior final decree of in Case No. entered on (the "Decree");

WHEREAS, the parties desire to resolve certain post-decree issues and to modify, clarify, and memorialize specific provisions of the Decree as set forth below to avoid further litigation and to provide clear enforceable obligations;

WHEREAS, the parties acknowledge that this Agreement is intended to be incorporated into and, where appropriate, submitted to the court for approval and entry as an order modifying the Decree.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Decree" means the final decree identified above, including all attachments, subsequent orders, and any incorporated settlement documents. 1.2 "Agreement" means this Post-Decree Agreement and any attachments expressly incorporated by reference.

2. MODIFICATION OF PRIOR DECREE

2.1 The parties hereby agree that the following provisions of the Decree shall be modified as set forth in this Agreement. Where a term in this Agreement conflicts with the Decree, the terms of this Agreement shall control to the extent permitted by law and to the extent the court adopts the Agreement.

2.2 The modification(s) requested (check all that apply): Custody/Parenting Time Child Support/Spousal Support Property/Asset Division Debt Allocation

3. CHILD CUSTODY AND PARENTING TIME

3.1 Custody arrangement: The parties agree to the following primary residence and parenting schedule. Primary physical residence of the minor children shall be:

3.2 Exchanges, holiday schedules, decision-making authority, and dispute resolution procedures are set forth in the schedule above and shall supersede any inconsistent provisions of the Decree. Any temporary deviations for health, school, or emergency reasons shall be communicated in writing as set out in Section 9 (Notices).

4. CHILD SUPPORT AND SPOUSAL SUPPORT

4.1 Child support: Party shall pay to Party the sum of $ per month, payable on the day of each month, beginning . Payments shall be made by the method specified below unless otherwise agreed in writing.

4.2 Arrears: Any arrearages accruing prior to the Effective Date that are not waived shall be paid according to the following schedule:

5. PROPERTY AND DEBT ALLOCATION

5.1 The parties acknowledge the following transfers or allocations of marital property and debts. Each party represents that they will execute any documents reasonably necessary to effectuate the transfers described below.

6. ENFORCEMENT AND RELIEF

6.1 The parties agree that this Agreement is a binding contract and may be enforced by the court that entered the Decree or any court having proper jurisdiction. Remedies for breach include but are not limited to specific performance, contempt proceedings, entry of judgment, and recovery of reasonable attorneys' fees and costs.

7. ATTORNEYS' FEES AND COSTS

7.1 If any action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs and other expenses incurred in enforcing rights under this Agreement, unless the parties agree otherwise in writing.

8. NOTICES

8.1 All notices, demands, or other communications required or permitted under this Agreement shall be in writing and delivered personally, by certified mail, return receipt requested, or by reputable overnight courier to the addresses set forth below or such other address as a party may designate by notice in accordance with this Section.

9. AMENDMENT, WAIVER AND COUNTERPARTS

9.1 This Agreement may be amended or modified only by a writing signed by both parties. No waiver of any breach shall be effective unless in writing. 9.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and electronic or facsimile signatures shall be deemed originals for all purposes.

10. GOVERNING LAW

10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles.

11. ENTIRE AGREEMENT

11.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, whether written or oral, relating to the same subject matter, except as expressly provided herein.

12. SEVERABILITY

12.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the fullest extent permitted by law.

13. MISCELLANEOUS

13.1 The parties acknowledge that they have had the opportunity to consult with independent counsel and that they enter into this Agreement voluntarily and with full knowledge of its terms. Each party represents and warrants that they are of legal age, mentally competent, and have full authority to enter into this Agreement and to perform their obligations hereunder.

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