Marital Domestic Separation and Property Settlement Agreement

Wisconsin Marital Separation and Property Settlement Agreement – No Dependent or Minor Children

INSTRUCTIONS

This form should be used when the parties desire to enter into a Separation Agreement in contemplation of an action for dissolution of marriage, which has been filed or will be filed prior to the effective date of this Agreement. This form is for married persons with no children with joint property or debts. This form is state specific for the State of Wisconsin.

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 subject to approval by the appropriate Court. The parties will file an action for dissolution of marriage prior to signing this Agreement, or have pending a divorce action at the time of execution.

STATE OF WISCONSIN

CIRCUIT COURT COUNTY

FAMILY COURT BRANCH

NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT.

STATE OF WISCONSIN

COUNTY OF

WHEREAS, , hereinafter referred to as “Wife”, and , hereinafter referred to as “Husband”, are now married, having been married on the day of , , in County, ;

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;

Husband Initials: Wife Initials:

WHEREAS, differences have arisen between the parties that have resulted in the marriage being irretrievably broken and there is no chance of staying together. The parties make this Agreement to settle once and for all that the parties owe to each other and what the parties can expect to receive from each other;

WHEREAS, the parties 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;

WHEREAS, the parties agree to execute and exchange any papers that might be needed to complete this Agreement, including deeds, title certificates, bills of sale, etc.;

WHEREAS, the parties intend that this Agreement shall be binding and effective subject to approval by the Court in that certain action pending in the Family Court Branch of the Circuit Court of County, State of Wisconsin, Cause Number , which is a divorce action involving Husband and Wife.

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...

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.

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

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

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

E. Additional Retirement Account Provisions

F. Additional Life Insurance Provisions

G. Additional Household Furnishing and Effects Provisions

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.

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.

H. Additional Marital Home Provisions

The marital home of the parties shall be:

i) Occupied by: Husband Wife

ii) Titled in the name of: 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 - Wife shall pay

C. Husband shall pay

SECTION 5. FUTURE EARNINGS AND ACQUISITIONS

All income, earnings, or other property received or acquired by either party on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party.

SECTION 6. SPOUSAL SUPPORT (ALIMONY)

1. The parties mutually waive any and all claim or right to temporary or permanent alimony, maintenance or support.

2. Husband Wife agrees to pay spousal support (alimony) in the amount of $ every week other week month, beginning and continuing until

Life insurance in the amount of $ to secure the above support, will be provided by the obligor.

SECTION 7. MUTUAL INDEMNITY

The parties agree that each shall indemnify and hold harmless the other for the payment of debts and other liabilities as stated in this Agreement.

SECTION 8. INCOME TAXES

The parties shall file separately for the year and each year thereafter.

( ) Husband ( ) Wife shall be ( ) allowed ( ) not allowed to claim the alimony paid hereunder as a deduction for income tax purposes.

SECTION 9. ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION

SECTION 10. DIVORCE

This Agreement shall be incorporated into judgment of the Family Court Branch of the Circuit Court of County, State of Wisconsin, Cause Number .

SECTION 11. 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 12. ABSENCE OF DURESS OR UNDUE INFLUENCE

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

SECTION 13. 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 14. 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.

SECTION 15. BANKRUPTCY

To the extent 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.

SECTION 16. ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties and may be modified only in writing, duly signed and notarized by each in the form of this original.

SECTION 17. FULLY READ AND UNDERSTAND; INFORMED CONSENT

Each party represents and acknowledges that he or she has fully read this Agreement and has signed it freely and voluntarily.

SECTION 18. SEVERABILITY

If any portion of the Agreement shall be held void, voidable or unenforceable, the remaining parts shall be construed as if such portion did not appear herein.

SECTION 19. CONTROLLING LAW

This Agreement shall be governed by the laws of the State of Wisconsin.

SECTION 20. EFFECTIVE DATE; HEIRS AND ASSIGNS

This Agreement shall be binding upon the parties and their legal representatives, successor, heirs and assigns, subject only to approval by the Court.