Montana Settlement Agreement, Waiver of Hearing and Consent to Entry of Decree

Settlement Agreement, Waiver of Hearing and Consent to Entry of Decree

MONTANA, JUDICIAL DISTRICT COURT

COUNTY

IN RE THE MARRIAGE OF:

,

SETTLEMENT AGREEMENT, WAIVER OF HEARING AND CONSENT TO ENTRY OF DECREE

AGREEMENT made and entered between Petitioner, hereinafter referred to as "", and Respondent, hereinafter referred to as "".

WITNESSETH:

WHEREAS the parties are currently husband and wife, having entered into marriage on at , County, ;

and

WHEREAS irreconcilable differences have arisen between the parties which have caused serious marital discord which adversely affects the attitude of one or both of the parties toward the marriage; and

WHEREAS it is the mutual desire of the parties to amicably settle by agreement all issues arising out of the termination of their marital relationship; and

WHEREAS each party has made full disclosure to the other of all assets, liabilities, income from all sources and expenses of each to the other;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereby agree as follows:

1. DISSOLUTION. The marriage of the parties is irretrievably broken, and there is no reasonable prospect of reconciliation.

2. RESIDENCY. The parties have resided in the State of Montana for more than 90 days. Their last known addresses at the time of entry of decree in this matter are:

3. SEPARATION. The parties agree that they shall live separate and apart from this time forth and each shall be free from the interference, authority and control of the other. Each party agrees that he or she will not molest or compel or seek to compel the other to cohabit or dwell with him or her by any proceedings for the restoration of conjugal rights or otherwise.

4. MUTUAL RELEASE: In consideration of the execution of this agreement, and the terms and conditions hereof, each party hereby releases and forever discharges the other party, his or her personal representatives, heirs and assigns, from any and all rights, claims, demands, and obligations except as herein specifically provided, and each party is forever barred from having or asserting any such right, claim, demand, or obligation at any time hereafter for any purpose.

hereby releases and discharges from liability, now and forever, for all acts up to the date of the execution of this agreement alleged to have caused him/her property damage or personal, psychological or emotional harm.

hereby releases and discharges from liability, now and forever, for all acts up to the date of the execution of this agreement alleged to have caused him/her property damage or personal, psychological or emotional harm.

5. POST SEPARATION ALLOCATION OF DEBT. It is hereby agreed that the personal liabilities and obligations of the parties separately incurred on or after the day of , , shall be and remain their respective separate liabilities and obligations, and each party shall pay and hold the other free and harmless from any and all of said liabilities and obligations except as specifically provided herein.

6. INHERITANCE CLAIMS. It is further agreed that except as specifically provided herein, each party waives any and all rights to inherit any portion or all of the estate of the other; to take by devise or bequest; or to claim under any policy of insurance, annuity, retirement, or like plan even though designated as a beneficiary thereunder; provided, however, that subsequent to the date of this agreement either party may waive the terms of this paragraph so long as the said waiver is in writing.

7. CHILDREN. There are no unemancipated minor children of said marriage, and the wife is not now pregnant. All children of the marriage have either reached the age of 18 and graduated from high school, have reached the age of 19, or are otherwise emancipated.

8. MAINTENANCE. shall pay the sum of $ per month to as maintenance beginning the day of the month immediately following the execution of this Agreement. 's obligation to pay maintenance shall earlier end upon the remarriage of or the death of either party, whichever first occurs.

a) has received $ in maintenance from the as of the date of the execution of this agreement. agrees to claim this entire amount as maintenance on all personal tax returns filed subsequent to the date of execution of this Agreement for the year in which the maintenance was received.

b) will be fully capable of full time work and self-support following the termination of maintenance as provided herein. Neither party contemplates or desires financial assistance from the other following termination of this marriage except as otherwise set forth herein.

c) The parties acknowledge that under present law, payments by to are intended and will constitute taxable income to and a tax deduction to , and the sums provided for herein for maintenance payments have been computed with those tax consequences in mind and in consideration of the relative tax burdens and benefits to each of the parties. However, if 's maintenance payments should be or become no longer fully tax deductible to (or not used to reduce 's gross income by the full amount of said payments), appropriate adjustments shall be made so that the after-tax burden of payments by shall be the equivalent burden as though said payments were tax deductible.

9. DECLARATION OF DISCLOSURE. Both parties waive the exchange of each other’s Preliminary Declaration of Disclosure. Both parties acknowledge receipt of each other's Final Declaration of Disclosure of assets and liabilities along with a current income and expense declaration. Both parties expressly acknowledge the penalties set forth in §40-4-253(4) and (5) for failing to disclose material facts with respect to assets or liabilities to her court costs, including a reasonable attorney's fee.

10. WAIVER OF HEARING AND CONSENT TO ENTRY OF JUDGMENT. Both parties expressly and knowingly hereby waive all further notice, their right to a hearing upon the merits of all issues resolved herein and consent to the immediate entry of a judgment by Decree consistent in its entirety with the terms of the foregoing agreement.

11. VOLUNTARY AGREEMENT. This agreement is entered into voluntarily, with each of the parties having read and approved the same upon his or her independent consideration of its terms and conditions.

12. EFFECTIVE DATE. It is the intent of the parties that this agreement become effective upon its approval by the District Court having jurisdiction over this proceeding for dissolution of marriage.

13. ENFORCEMENT. This agreement shall be made an integral part of any decree of dissolution of the marriage of the parties, and shall be enforceable by any method provided by law or equity. This agreement shall be binding upon the parties, their personal representatives, heirs and assigns.

IN WITNESS WHEREOF, the parties have executed this agreement.

STATE OF MONTANA )

)ss.

County of )

On this day of , 20, before the undersigned, a Notary Public, personally appeared , known to me to be the person whose name is subscribed to the foregoing Settlement Agreement and acknowledged to me that the foregoing was executed freely and voluntarily.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the date in this certificate first above written.

STATE OF MONTANA )

)ss.

County of )

On this day of , 20, before the undersigned, a Notary Public, personally appeared , known to me to be the person whose name is subscribed to the foregoing Settlement Agreement and acknowledged to me that the foregoing was executed freely and voluntarily.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the date in this certificate first above written.