Fill and Sign the Mt Do 1a Form

MT-DO-1A INSTRUCTIONS When should this form be used? This form should be used when the parties desire to enter into a Separation Agreement but no divorce action has been filed to be effective immediately. This form is for married persons with no children without joint property or debts. This form is for the State of Montana. 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 si gned original of the document. Transfers of Title to Property This form may not be sufficient to transfer title to property such as real estate, aut omobiles 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 inval idate 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 chi ld custody, child support, alimony and other like matters. Husband Initials:___________ Wife Initials: ___________ MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENTWITH NO DEPENDENT OR MINOR CHILD(REN) 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 MONTANA 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 WHEREAS, differences have arisen between the parties that have resulted in an irretrievable breakdown of the marriage and serious marital discord which adversely affects the attitude of both spouses towards the marriage and there are no reasonable prospects of reconciliation. As a result, the parties have chosen to live separate and apart. The parties make this Agreement to settle once and for all that the parties owe to each other a nd what the parties can expect to receive from each other; and WHEREAS, the parties desire to make a mutually acceptable settlement of t heir rights, liabilities, obligations and property rights arising out of and during the course of their marit al relationship. No reconciliation is contemplated; and 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.; and Husband Initials:___________ Wife Initials: ___________ WHEREAS, the parties intend that this Agreement shall be binding on them from and after the date and time of execution, if permitted, and that this Agreement may be incorporated into a final judgment of divorce at some future time. 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 set forth above and below and being sworn, certify that the all stateme nts contained herein are true and correct: 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, ca rry on and engage in any employment, business or trade which each shall seem advisable for their sol e 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 m olest or annoy the other or seek to compel the other to cohabit or dwell with the other by any proceedi ngs 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 equita ble after consideration of the financial status of the parties. SECTION 3. Husband Initials:___________ Wife Initials: ___________ ASSETS 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 provided herein. There is no joint property to divide. All property titled in the name of Husband shall be and remain his and all property titled i n the name of Wife shall be and remain hers. Retirement Accounts. The parties represent that all retirement and pension types of accounts have been disclosed and agree that there will not be a division of retireme nt pension accounts and each party shall keep their respective retirement and pension type accounts. Life Insurance. The parties agree that they will remove each other’s names from their respective life insurance policies. Further, that from and after the date of this Agreem ent, husband and wife disclaim, waive and renounce the right to receive any life insurance benefits or proceeds, if any, to which they would have been entitled as beneficiary on a life policy maintained by the other even if they have not been removed as the designated beneficiary on the date of death of the insured. Household Furnishing and Effects. (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 below. 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, or as provided below. 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, or as provided below. Husband shall be entitled to possession of the following household furnishing and effects:________________________________________________________________________ Husband Initials:___________ Wife Initials: ___________ ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________ Wife shall be entitled to possession of the following household furnishings and effects: ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Each party shall retain as his or her own all of their personal clothing, jewelry and effects. Marital Home. Husband owns improved premises, which has been occupied as the marital residence of the parties located at ___________________________________________________. It is understood and agreed that the Husband shall remain and live in the house and be fully responsible for its mortgage payments and utility charges and other expenses, if any, in connection with the same. Wife shall retain no interest in said home, legal or equitable. Wife owns improved premises, which has been occupied as the marital residence of the parties located at ______________________________________________________. It is understood and agreed that the Wife shall remain and live in the house and be fully responsible for its mortgage payments and utility charges and other expenses, if any, in connection with the same. Husband shall retain no interest in said home, legal or equitable. Husband and Wife rent premises, which has been occupied as the marital residence of the parties located at _____________________________________. It is understood and agreed that the Wife shall remain and live in the rental premises and be fully responsible for all rental payments and utility charges and other expenses in connection with the same. Husband shall retain no interest in said premises, legal or equitable. Husband and Wife rent premises, which has been occupied as the marital residence of Husband Initials:___________ Wife Initials: ___________ the parties located at _____________________________________. It is understood and agreed that the Husband shall remain and live in the rental premises and be fully responsible for all rental payments and utility charges and other expenses in connection with the same. Wife shall retain no interest in said premises, legal or equitable Other: _______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ SECTION 3. NO CHILDREN There have been no children born to the marriage of Husband and Wife. Wife is not now pregnant. No Children have been adopted by the parties. SECTION 4. MUTUAL WAIVER OF ALIMONY OR OTHER SUPPORT 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, pre sent or future. SECTION 5. DEBTS, LIABILITIES AND EXPENSES Each party agrees to pay their respective debts and agree that there are no joint debts that remain unpaid at the time of the execution of this Agreement. Husband shall pay his debt s and Wife shall pay her debts. Each party agrees to be fully responsible for their own individual medical expenses and will maintain their own medical plans, which they may carry either individua lly or through their place of employment. SECTION 6 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 Husband Initials:___________ Wife Initials: ___________ 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. SECTION 7. MUTUAL INDEMNITY The parties agree in regard to the payment of debts and other liabilities as sta ted in this Agreement that each shall indemnify and hold harmless the other for the payment of same. SECTION 8. 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 ta x liability, penalty or deficiency associated with his or her income and shall hold the othe r party harmless therefor. The parties shall file separately for the year _______ and each year thereafter. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement and have been directed and advised to obta in independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that each party has had an opportunity to do so. SECTION 9. 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. Each pa rty shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically includi ng any deeds, affidavits, tax forms or other instruments required of one party to the other in order t o pass good or merchantable title to any property owned by either party during the marital relationship. Husband Initials:___________ Wife Initials: ___________ SECTION 10.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. However, if either or both parties are granted a divorce on any grounds, the parties agree that this Agreement shall be made a part thereof and that such de cree or judgment shall not conflict with the terms hereof except to the extent disapproved by the Court . In the event that the law governing this Agreement prohibits this Agreement from being effe ctive until a divorce action has been filed, or a Judgment of Divorce entered, then the parties a gree that such event shall be the effective date of this Agreement. In the event a divorce act ion or judgment is required prior to this Agreement becoming effective, or in the event that a divorce a ction is desired by one or more of the parties, both parties agree and sign and execute all ple ading and papers required to obtain a divorce and jointly request and consent to the immediate submission of this Agreement to the applicable Court and to an entry of a judgment by incorporati on of this Agreement into the final decree or judgment of divorce. 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 act ion may be taken by either party as is necessary to enforce or modify the terms and provisions hereof, e xcept 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 int o this Agreement. This Agreement was executed free of any duress, coercion, collusion, or undue Husband Initials:___________ Wife Initials: ___________ influence. In some instances, the Agreement represents a compromise of disputed issues; however, both parties believe that its terms and conditions are fair and reasonable.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 t o the property awarded to the other. All property and money received and retained by the parties shall be the separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising therefrom by operation of law, both parties do hereby release and forever discharge the other party from all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected and unsuspected, apparent now or hereafter. It is the specific Agreement and purpose of this paragraph to release and discharge any and all claims and causes of actions of any kind or nature whatsoever whether specifically mentioned or not, which may exist or might be c laimed to exist at or prior to the date of this Agreement; and, both parties specifically wa ive any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release and Agreement. 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, whether by way of statutory allowance, heirship, homestead rights, or election to take against or under the other party’s Last Will and Testament. It is the intent of the parties that neither shall be a beneficiary or recipi ent of property of the other by Will or intestate succession from and after the date of this Agreement and expressly waive and reliquinsh any such right regardless of whether the Will of the other has been changed to delete the gift to her or him and regardless of whether one party shall die prior to the entry of a final judgment of divorce. SECTION 14. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or Husband Initials:___________ Wife Initials: ___________ attachment and garnishment, for specific performance, or any other remedy legally available to either Defendant or Plaintiff, for the enforcement of the provisions and covenants of this Agreement.SECTION 15. 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 pe tition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged. SECTION 16. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and each pa rty acknowledges that there are no further Agreements not expressly included herein and that thi s Agreement may be modified, altered, or amended 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, consulte d with each other, carefully considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without force or collusi on by either party or any third party, and that each party signed same with the full knowle dge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation a nd preparation of this document, and regarding any divorce proceeding. SECTION 18. 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, implement ed and administered as if such void, voidable or unenforceable portion did not appear herein. Husband Initials:___________ Wife Initials: ___________ SECTION 19. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the State of Montana. SECTION 20. HEIRS AND ASSIGNS This Agreement shall be binding upon the heirs, administrators, estate and assigns of the parties. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this Settlement Agreement. I am satisfi ed with this Agreement and intend to be bound by it. Dated: Signature of Wife Printed Name: _____________________________ Address: __________________________________ City, State, Zip: Telephone Number: Fax Number: Dated: Signature of Husband Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF MONTANA COUNTY OF _____________________ The instrument was acknowledged before me on ___________________ (date), by _________________________________________ (name(s)). ______________________________ Notary Public Husband Initials:___________ Wife Initials: ___________ Printed Name: _________________ My Commission Expires: _____________________ STATE OF MONTANA COUNTY OF _____________________ The instrument was acknowledged before me on ___________________ (date), by _________________________________________ (name(s)). ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _____________________