Fill and Sign the Legal Settlement Agreement Form

MARITAL SETTLEMENT AGREEMENT WHEREAS, ___________________ , hereinafter referred to as "Wife", and ___________________ , hereinafter referred to as "Husband", are now married; and WHEREAS, the parties are separated and now living separate and apart and desire to make a mutually acceptable settlement of their rights, liabilities, obligations and property rights arising out of and during the course of their marital relationship. No reconciliation is contemplated; and WHEREAS, Husband/Wife is an actual and bona fide resident of the State of California, and has been more than 6 months and a resident of _______________ County California for more than 90 days prior to execution of this agreement; and WHEREAS, t he Parties were lawfully married on _______________ in _______________ County, __________________________ ; WHEREAS, there are no minor children of the marriage; or all children born unto the parties are adults over the age of 21 years and wife is not now pregnant; and WHEREAS, Husband and Wife separated on __________________________ and from said date up to the present, Husband and Wife have lived separate and apart without any cohabitation. The parties are entitled to a decree of divorce on the grounds of irreconcilable pursuant to Family Code Section 2310. The marriage between Wife and Husband is irretrievably broken and there are irreconcilable differences between Wife and Husband, making it impossible for the marriage to continue; and WHEREAS, the parties hereto agree that the provisions of this Separation and Property Settlement Agreement shall be incorporated into any judgment or Decree of Divorce, and that this Agreement shall survive, and shall not be merged into any judgment, decree or order, which - 1 - may be issued; and WHEREAS, the Husband and Wife waive forever the final Declaration of Disclosure of Financial information. The parties stipulate and mutually waive the requirements of subdivision (a) of Section 2105 of the Family Code, concerning the final declaration of disclosure and state in support of this waiver the following: (a) Both parties have complied with Section 2104 and the preliminary declarations of disclosure have been completed and exchanged. (b) Both parties have completed and exchanged a current income and expense declaration. (c) This waiver is knowingly, intelligently, and voluntarily entered into by each of the parties. (d) Each party understands that by signing the waiver, he or she may be affecting his or her ability to have the judgment set aside as provided by law. NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as follows: 1. CHILD CUSTODY : There are no minor children of the marriage; all children born to this marriage are adults over the age of 21 years, self-supportive and emancipated and Wife is not now pregnant and no children were adopted by the parties. 2. PROPERTY SETTLEMENT : 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 stated below. Wife shall be entitled to the following assets: (a) ____________________________________________________________________ (b) ____________________________________________________________________ - 2 - Husband shall be entitled to the following assets: (a) ____________________________________________________________________ (b) ____________________________________________________________________ The Parties agree to the following additional provisions relating to property settlement: ____________________________________________________________________ _____________________________________________________________________ 3. DEBTS : Wife shall be responsible for her individual debts and Husband shall be responsible for his individual debts. The Parties further agree that the joint debts of the parties shall be paid as follows: (a) Debt to ____________________________ in the approximate amount of $ _________________ shall be paid by ____________ and _____________ shall convey her/his interest same to _____________________ . (b) Debt to __________________________________ in the approximate amount of $ _________________ shall be paid by ____________________________ . (c)       (d)       (e)       4. ALIMONY : Neither Party claims entitlement to alimony as they are not entitled to same and both Parties expressly waive any claim to alimony. 5. LEGAL REPRESENTATION DISCLOSURE : Each party agrees that neither party has been represented by an attorney in this matter and that both parties have had an opportunity to consult, with any attorney of his/her choice. - 3 - 6. FURTHER DOCUMENTS : 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. 7. 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. 8. FULLY READ AND UNDERSTAND : 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, and after consulting with their respective attorneys, that the signing of this Agreement is free and voluntary without force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. 9. MODIFICATION : This Agreement shall estop 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. 10. SUBSEQUENT DIVORCE : It is agreed and understood that this Separation and Property Settlement Agreement shall be incorporated into any Final Decree of divorce of the Parties. Further, 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 - 4 - thereof, is not contingent upon either party or both parties being granted a divorce on any grounds. 11. CONTROLLING LAW : This Agreement shall be governed, enforced and interpreted according to the laws of the State of California. 12. EFFECTIVE DATE: This Agreement shall not be enforceable until duly executed by both Wife and Husband. 13. HEIRS AND ASSIGNS: This Agreement shall be binding upon the heirs, administrators, estate and assigns of the parties. IN WITNESS WHEREOF, Wife has executed this Agreement on the _____ day of ______________________ , 20 ___ , and Husband has executed this Agreement on the _____ day of ______________________ , 20 ___ . _______________________________________ Signature of Wife Print Name: _____________________________ ______________________________________ Signature of Husband Print Name: _____________________________ - 5 - State of California County of On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California County of On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) - 6 -