Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
Agreement made on the ________________ (date) , between _______________
(Name of Husband) of ___________________________________________________
___________________________ (street address, city, state, zip code) , referred to
herein as Husband , and ___________________ (Name of Wife) , of _______________
_________________________________________________________ (street
address, city, state, zip code) , referred to herein as Wife . Husband and Wife are
sometimes referred to herein as the Parties .
A. The Parties were married on _________________ (date) .
B. Irreconcilable differences have arisen between Husband and Wife. The Parties
have agreed that _______________ (date) is the date of separation.
C. Husband and Wife filed a Joint Petition for Dissolution in the ________________
(Name of Court) of the County of __________________ (Name of County) ; Civil
Action No. ______________, on _______________ (date) .
D. This matter was birfurcated and the marital status was terminated on
________________ (date) . The Judgment terminating the marriage was entered on
_______________ (date) , with a reservation of jurisdiction by the Court as to all other
issues.
E. Wife's Social Security number is ____________. Husband's Social Security
number is ____________.
F. The Parties intend that this Agreement will be incorporated into and become a
part of the Judgment of Dissolution.
G. Husband was born on _______________ (date) . Wife was born on
________________ (date) . Both of the Parties are in good health.
H. Husband is employed as _______________________ (specify employment) .
His earnings from work during ________________________ (time period, such as:
the calendar year 2010 ) were $____________. This is higher than his previous year’s
earnings, which were $____________ in _________ (year) , and $__________ in
____________ (year) .
I. Wife is employed as ______________________ (specify employment) . Her
earnings from work during ___________________ (time period, such as: the
calendar year 2010 ) were $____________. This is higher than her previous year’s
earnings, which were $____________ in ___________ (year) , and $____________ in
___________ (year) .
J. There are _______ (number) minor children of the marriage, _______________
(name of child) , born ______________ (date) , and __________________ (name of
child) , born __________________ (date) .
K. Wife has been represented throughout these proceedings by _______________
(name of wife's attorney) . Husband has been represented throughout these
proceedings by _____________________ (name of husband's attorney) .
1. Purpose of Agreement
The purposes of this Agreement are:
A. Final Settlement. To make a final and complete settlement of all property
rights and obligations between the Parties;
B. Support. To resolve, finally, the support rights and obligations between
the Parties; and
C. Claims. To relinquish any and all past, present, or future claims that each
may have against the property or estate of the other, or of his or her executors,
administrators, representatives, successors, and assigns, except as otherwise
provided herein.
2. Effective Date. This Agreement will be effective as of the date of its execution by
the last of the Parties to sign as indicated on the signature page of that party.
3. Child Support
A. Amount and Duration of Child Support. Husband will pay to Wife as
and for child support for the minor children named above the sum of
$____________ per month commencing ________________ (date) , and
continuing until each child reaches age 18 unless still a full-time high school
student living with Husband or Wife in which case support will terminate upon
attaining the age of 19 or graduation from high school, whichever is earlier, or
upon death, marriage, or other emancipation, whichever first occurs.
B. Schedule and Method of Payment. One-half of the child support will be
paid on the first day of each month and one-half on the 15 th
day of each month.
C. Husband will mail or deliver the child support to Wife at the address set
forth above and Wife will keep Husband informed of her address.
D. Termination of Support for One Child. At such time as child support
terminates for _________________ (name of oldest child) , child support will be
reduced to $____________ per month.
E. Support Factors. The amount of child support is based upon the
following factors:
1. $____________ for housing and utilities allowance;
2. $____________for vacation and travel allowance
3. $____________for clothing and gift allowance
4. $____________for entertainment allowance
5. $____________for ____________________________ (specify
other categories)
6. The breakdown of child support per child is $____________ per
month for ________________ (name of child) , and $____________ per
month for _________________ (name of child) .
F. Health Insurance. Husband will maintain health insurance coverage
available through his employment for the minor children for the duration of his
obligation to pay child support or for so long as each child qualifies for coverage
as his dependent. Husband will provide Wife with all forms necessary for
submission of claims to the insurer.
G. Health Care Expenses. Husband will pay ______% and Wife will pay
______% of any insurance deductible or uninsured portion of expenses for health
care.
H. Health care expenses include, but are not limited to, the following:
________________________________________________________________
________________________________________________________________
(specify, such as: medical treatment, optometric treatment, dental
treatment, orthodontic treatment, psychotherapeutic treatment, educational
therapy, occupational therapy, and audio/speech therapy ) .
I. Extracurricular Activities. Husband will contribute ______% of the cost
of extracurricular activities of the children and Wife will pay ______%. Neither
party will unreasonably withhold his or her consent to an extracurricular activity
reasonably within the scope of a child's interests, abilities, or requests.
1. Extracurricular activities include all activities that are not a part of
the school curriculum.
2. The cost of extracurricular activities includes expenses reasonably
associated with the activities, including transportation, clothing, dues, and
equipment.
J. Childcare Expenses. Husband will pay to Wife ______% of all childcare
expenses incurred for purposes of work. The payments will be made on a
monthly basis at the same time as the child support is paid.
K. Educational Expenses. Husband will pay ______% and Wife will pay
______%) of the school expenses for the children ) . "School expenses" include,
but are not limited to, the following: tuition, field trip fees, books, supplies,
yearbooks, uniforms, tutoring, appropriate computer equipment, including a
printer and educational software, and lunches at school.
L. Post-High School Expenses. The Parties agree that Husband will pay
______% of the cost of 4 years of post-high school education so long as the child
is enrolled on a full-time basis up to a total cost that is equivalent to the cost of
four years at an in-state public college or university. "Full-time" means the
minimum number of units required by the institution for full-time enrollment.
1. These expenses include room and board, tuition, books and
supplies, round-trip travel between school and home twice each year, and
an allowance of $___________.
2. The selection of the institution will be a collaborative effort of the
Child, Wife, and Husband.
M. Dependency Claim. Husband will be entitled to claim the children as
dependents on his income tax returns.
N. The Parties acknowledge and agree to the following:
1. They are fully informed of their rights concerning child support.
2. The order is being agreed to without coercion or duress.
3. The agreement is in the best interests of the children involved.
4. The needs of the children will be adequately met by the stipulated
amount.
O. Life Insurance. Husband will maintain the children as beneficiaries on a
policy of life insurance with a minimum death benefit of $__________. Husband
is restrained and enjoined from changing the beneficiary designation on the life
insurance for the duration of his obligation to pay child support to the younger
child.
1. Husband will produce the insurance policy for the other party within
30 days of the effective date of this Agreement.
2. As of the date that Husband's obligation to pay child support
terminates for each child, the death benefit may be reduced by
$____________ per child for whom child support is no longer payable.
3. Exchange of Information. Each year that there is an obligation to
pay child support, the Parties will exchange their respective federal and
state income tax returns, together with all W-2 forms, 1099 forms, 1098
forms, and K-1 returns within two weeks of the filing of the returns with the
tax authorities.
4. Joint Legal Custody and Timeshare
A. The Parties will share joint legal custody of the minor children. All
decisions pertaining to the health, education, and welfare of the children will be
jointly made. These include, but are not limited to, decisions regarding
professional treatment, teaching or tutoring, routine and elective healthcare,
religious worship or practice, cosmetic body alterations such as piercing, schools,
extracurricular activities, and summer camps.
B. Wife will have physical custody of the minor children.
C. Timeshare. The timeshare of the Parties with the children will be as
follows:
1. Husband will be with the children (describe schedule) .
2. Holiday timeshare will be as follows: _________________
___________________________________________________________
________________________________ (describe holiday timeshare) .
3. Vacation timeshare will be as follows:
i. The schedule for vacation timeshare will be as follows:
_____________________________________________________
_____________________________________________________
___________________ (describe vacation timeshare schedule) .
ii. Neither party may leave the state of ______ or continental
United States with the children without prior written consent of the
other party or court order.
iii. The timeshare for each child's birthday will be as follows:
_____________________________________________________
_____________________________________________________
_______________________ (describe birthday schedule) .
D. Notice Regarding Modification. If either party needs to modify the
timeshare, he or she will give the other party reasonable notice of at least three
days.
E. Travel or Other Absence. If Wife is going to be away from the family
residence without the children, she is to give Husband the right to have the
children during the absence.
F. Move Away. Neither party may move away with the minor children to a
distance in excess of _____ (number) miles without the prior written consent of
the other parent or court order.
1. If Wife intends to move away in excess of _____ (number) miles
and wishes to take the children along, she must give Husband not less
than ______ (number) days' notice.
2. If there is a dispute regarding one party's desire to move away with
the children, in any adversary hearing to adjudicate the requested move
away, the burden of proof will be upon the parent wishing to move away
with the children. That burden of proof will depend upon the age of the
youngest child that would be moved away. If the youngest child is _____
(age) or less, the burden of proof is to demonstrate by clear and
convincing evidence that the detriment to the parent/child relationship of
__________________________ ( the children or the youngest child or
all of the children ) with the parent who is not moving, is outweighed by
the necessity of the move away. If the youngest child is older than ______
(age) , the burden of proof is to show, by a preponderance of evidence,
that the detriment to the parent/child relationship of __________________
_________________ ( the children or the youngest child or all of the
children ) with the parent who is not moving is outweighed by the
necessity of the move away.
G. Mediation. In the event there is a dispute regarding the children, the
Parties will cooperate in meeting with a mutually agreed upon co-parenting
mediator prior to filing any application before the _______________________
(name family court) Court. The Parties will equally share the cost of the
mediation.
1. If either party feels that there is a problem regarding the children
that he or she would like to discuss with a therapist or mediator, the other
party will cooperate with the concerned party and meet with a therapist or
mediator whether or not the Parties disagree about the existence of a
problem. The Parties will equally share the cost of the consultation or
consultations.
2. Nothing in this section is intended to prevent the Parties from
seeking the Court's intervention if either party believes, in good faith, that
the either of the children are in danger of any kind.
H. Substance Use/Abuse. Husband and Wife will refrain from consuming
any nonprescription drugs or alcohol 24 hours before commencement of or at
any time during their time with the minor children. If either party suspects, in good
faith, that the other party has been taking nonprescription drugs or drinking
alcohol within 24 hours of commencement of timeshare, he or she may
unilaterally deny access to the minor children for the scheduled timeshare.
I. Access to Records . Both of the Parties will cooperate to ensure that
each of them will have access to all of the minor children's medical, dental, and
school records, in conformity with _____________ (name of state) law. Wife will
instruct _____________________ (name of school) to mail a duplicate copy of
all correspondence from the school to Husband, who will also contact the school
and request a duplicate copy of all correspondence.
5. Spousal Support
A. Amount and Duration of Spousal Support. Husband will pay to Wife the
sum of $____________ per month as spousal support, commencing
__________________ (date) and continuing until either party's death, or Wife's
remarriage, whichever first occurs.
1. The amount of spousal support is based upon the following factors:
i) The timeshare for the children is ______________________
_____________________________________________________
_______________________ (describe timeshare arrangement) .
ii) Husband is a salaried employee of ___________________
(name of employer) earning $____________ per ____________
_________________________ (time period) .
2. A ________________________ (support program) calculation
showing the factors used to determine support is attached to this
Agreement as Exhibit A .
B. Tax Treatment . All support payments under the terms of this Agreement
are deductible to Husband and taxable as income to Wife on their respective
income tax returns.
C. Method of Payment. All support payments will be made to Wife by
delivery or mailing to _______________________________________________
____________________________ (Wife’s address) . Wife will advise Husband
if there is a change of address.
D. Termination of Jurisdiction. The Court's jurisdiction to award spousal
support will terminate upon Wife's Death, Husband's death, Wife's remarriage, or
_____________________ (date) , whichever first occurs (the Termination Date ).
In no event will Husband be obligated to pay spousal support to Wife beyond the
Termination Date. Upon execution of this Agreement, the Court is divested of
jurisdiction to hear an application for spousal support that would require
payments of support after the Termination Date.
E. Amount and Duration of Support Non-modifiable. The amount and
duration of spousal support payable under this Agreement is non-modifiable.
Upon execution of this Agreement, the Court is divested of jurisdiction to
entertain any application that would change the amount of support paid or the
Termination Date of support payments. The Court cannot make any order for
support before the Termination Date that would extend payments beyond the
Termination Date.
F. Attorney Fees as Additional Spousal Support. Husband will pay as
additional deductible spousal support the sum of $____________ on behalf of
Wife to the law office of _______________________ (name of payee spouse's
attorney) , in discharge of Wife’s attorney fees and costs.
G. Life Insurance. Husband will maintain a policy of life insurance with a
benefit of $____________ assigned to Wife as beneficiary until ____________
_______________________________________ ( support payments terminate
or the Court's jurisdiction over spousal support terminates ) . Husband will
produce proof of the life insurance to Wife upon demand by Wife. Failure to
maintain the insurance will create a right in Wife to make a claim against the
estate of Husband in the same amount as the life insurance benefit set forth this
Section of this Agreement.
H. Health Insurance. Wife is currently covered under Husband's medical
insurance maintained through his employment. Husband will continue to provide
medical insurance for Wife until the effective date of the Parties' marriage
dissolution. Commencing upon the effective date of the Parties' dissolution, Wife
will be responsible for paying her own medical insurance and all unreimbursed
medical costs.
6. Assets and Obligations
A. Assets and Obligations Listed. The Parties declare that the property
listed on Exhibits B and C, attached to and made a part of this Agreement,
constitutes all of the marital assets and obligations of the Parties.
B. No Other Obligations. At the time of the signing of this Agreement, the
only known obligations are those listed on Exhibits B and C .
C. Assets and Obligations to Husband. The Parties agree that Husband
will be awarded as his share of the assets and obligations those items set forth
on Exhibit B , attached to and incorporated in this Agreement by this reference.
D. Assets and Obligations to Wife. The Parties agree that Wife will be
awarded as her share of the marital assets and obligations those items set forth
on Exhibit C , attached to and incorporated in this Agreement by this reference.
E. Unknown Obligations. Any latent debt, claim, or obligation (including the
cost of defending against same) not provided for in this Agreement and unknown
by the Parties at the time of the preparation of this Agreement, will be deemed a
joint expense so long as the debt, claim, or obligation arose from the conduct of
both Parties (or from the conduct of one party where both Parties benefited from
that conduct) occurring during the marriage, but prior to the effective date of this
Agreement. If, however, such latent claim, debt, or obligation arose from the
conduct of just one party and the other party did not benefit from it, then any such
claim, debt, or obligation will be the sole responsibility of that party who did
benefit from such latent claim, debt, or obligation.
F. Credit Card Accounts. Within 30 days of the signing of this Agreement,
each party will remove the other from any credit cards or other accounts upon
which the other's name appears, for any credit accounts that have remained
under his or her control during the period of separation. Each of the Parties will
be solely responsible and forever hold the other harmless from any debts
incurred on any credit card or other accounts maintained by him or her since
separation, and from any professional fees incurred to defend any creditors'
actions to collect from the party who did not maintain that account since
separation.
G. Sale of Residence. The residence located at ______________________
____________________________________________ (street address, city,
state, zip code) , will be listed for sale on or before _____________________
(date) . The Parties will mutually agree on a listing agent whose listing contract
will be in increments of ______ (number) months. The property will be listed for
sale at a price according to the opinion and advice of the individual selected by
the Parties to be the listing agent. The Parties will equally share the cost of
preparing the property for sale by performance of that maintenance
recommended by the listing agent.
1. Wife will occupy the residence pending its sale. She will be liable
for maintaining the property in a condition to maximize its potential sale
and will vacate the property at all times reasonably necessary for its
showing to the public. Wife will cooperate in providing opportunities for
private viewings of the property by interested individuals who are
represented by brokers or agents.
2. The Parties will act reasonably and promptly in responding to offers
on the property and neither party will unreasonably withhold consent to
terms so as to jeopardize a sale.
3. The Court retains jurisdiction to oversee and supervise all
transactions associated with implementation of all of the provisions of this
Section G and its subparts, including the ultimate vacating of the
residence by the close of escrow.
4. The Court may substitute its judgment in the place of the judgment
of one of the Parties with respect to whether particular terms are
reasonable, including the choice of listing agent, the agent's term of listing,
the terms of sale, the sales price, and the escrow instructions, in the event
the Court determines that either party is acting unreasonably.
5. The Parties are advised that the Court may order a third party to
sign any documents reasonably necessary to implement the terms of this
Section G and its subparts, including but not limited to listing documents,
counteroffers, escrow instructions, and conveyance instruments, in the
place of either party found to be unreasonable or acting in a manner likely
to jeopardize a potential sale on appropriate terms, as determined by the
Court.
6. Proceeds from the sale of said Residence shall be divided between
the Parties as follows: each Party will have confirmed to him or her one-
half the property and each shall receive one-half the cost basis, one-half
of any capital gains deferred into the purchase of this Residence, and one-
half the capital gains attributable to this property.
7. Each party shall report on his or her separate income tax returns for
________ (year of sale) the sale of one-half the residence. Each party
shall hold the other harmless from and fully indemnify the other against
any liability for capital gains tax attributable to the other's one-half interest.
7. Separate Property
A. Exhibits. Exhibits D and E contain the separate property being confirmed
to each of the Parties.
B. Wife's Separate Property. Wife will have confirmed to her as her sole
and separate property and obligations those assets and obligations set forth at
Exhibit D, attached to and incorporated in this Agreement. All such assets are
taken together with any insurance and subject to any encumbrances attached to
or taxes flowing from those assets.
C. Husband's Separate Property. Husband will have confirmed to him as
his sole and separate property and obligations those assets and obligations set
forth at Exhibit E attached to and incorporated in this Agreement. All such assets
are taken together with any insurance and subject to any encumbrances
attached to or taxes flowing from those assets.
8. Warranties, Covenants, and Releases
A. Disclosure of Assets. The Parties warrant to each other that neither
party owns any property of any kind, other than the property listed in this
Agreement, including the Exhibits. The Parties acknowledge that each of them
has conscientiously endeavored to fulfill the duty of full disclosure.
B. After-Discovered Property. The Parties agree that any property or
property interests discovered after the effective date of this Agreement will be
divided equally between the Parties.
C. Valuation of Assets. Each party warrants to the other that the warrantor
has not given any false or misleading information and has not withheld any
information to which he or she has access, to the exclusion of the other,
concerning the existence of or value of any marital assets and/or separate
property. In the event it is determined that false or misleading information was
given or that information was withheld, the portion or portions of this Agreement
that was or were affected by the breach will be voidable, at the warrantee's
option, and the Parties will conduct themselves as though those issues were
reserved for later determination. This Section is not intended to impair the
availability, in a court of competent jurisdiction, of any other remedy arising from
the undisclosed or misleading information.
D. Unauthorized Gifts. Each party warrants to the other that the warrantor
has not made, without the warrantee's knowledge and consent, any gift or
disposition of property with a value in excess of $__________. If it later appears
that the warrantor has made a disposition of property contrary to this warranty,
the warrantor will pay the warrantee one half the fair market value of that
property. This Section and its subsections will not impair the availability, in a
court of competent jurisdiction, of any other remedy arising from the undisclosed
disposition.
E. Indemnity Against Assumed and Additional Liabilities. Each party
warrants to the other that neither has incurred any debt or obligation for which
the other can be held liable or an obligation that could be enforced at any time
against an asset held, or to be received under this Agreement, by the other party,
except as set forth in this Agreement.
F. Survival of Warranties. The Parties intend that the warranties,
covenants, and releases contained in this Article 8 will survive the merger of this
Agreement into a Judgment of Dissolution of Marriage and each party consents
and agrees that the Court in the pending action for dissolution of marriage will
retain continuing jurisdiction to resolve any claims relating to the warranties,
covenants, and releases contained in this Article 8 .
9. Waiver of Inheritance Rights
A. Mutual Waiver of Inheritance Rights. Each party waives and renounces
any and all rights to inherit the estate of the other at the other's death, or to
receive any property of the other under a will executed before the effective date
of this Agreement or to claim any (a) family allowance, (b) probate homestead,
(c) rights or claims of dower, curtesy, or any statutory substitute now or hereafter
provided under the laws of any state in which the Parties may die domiciled or in
which they may own real property, or to act as executor or other personal
representative under a will of the other executed before the effective date of this
Agreement, or to act as administrator, or as administrator with the will annexed,
of the other's estate under any circumstances.
10. Taxes
A. Joint Tax Return. The joint tax return for ________ (year) will be
prepared by _____________________ (name of tax preparer) . Each of the
Parties will cooperate to provide _____________________ (name of tax
preparer) with all information necessary for preparation of the tax returns in a
timely fashion. Each of the Parties understands that ____________________
(name of tax preparer) does not have a confidential relationship with the other
party in connection with the preparation of this tax return and that each of the
Parties will have full and complete access to any and all information provided to
the tax preparer by the other.
1. The Parties will split the tax liability on this joint return as follows:
Husband will pay ______%, and will hold Wife free and harmless from and
fully indemnify her against any liability for that amount. Wife will pay will
pay ______%, and will hold Husband free and harmless from and fully
indemnify him against any liability for that amount.
2. The Parties understand that each is jointly and severally liable for
the entire tax liability to any taxing authority if a joint return is filed,
regardless of the allocation of liability between the Parties pursuant to
agreement or court order. Each party agrees to hold the other party
harmless from and fully indemnify the other party against that portion of
the liability the indemnifying party is obligated to pay under this Agreement
or any court order. Payment of each party's share of any taxes is to be
timely. If one party fails to make the payment agreed to or ordered in a
timely way, enforcement of collection may occur against the other party.
Any party who agrees to make payment or who is ordered to do so, will
act promptly and completely to indemnify the other party against any
liability or costs caused by the obligated party's failure to timely pay. The
costs for professional fees for any professional hired by the non-obligated
party to deal with the taxing authority will be included in the
indemnification under this Paragraph 10 .
3. The Parties understand that, by filing a joint return, each is legally
precluded from amending the return for______________ (year for which
joint return filed) to a separate return at any time after the joint return is
filed.
4. The Parties understand that spousal support payments made by
one party to the other are not deductible on a joint return filed by the
Parties.
B. Audit of Joint Tax Returns. The Parties have filed joint federal and state
income tax returns ending with the tax year, __________ (year) . The Parties
intend to file joint tax returns for ____________ (year) . With respect to these
returns, they agree as follows:
1. If either party receives any tax deficiency notice for any joint tax
return, he or she will immediately forward a copy of the notice to the other.
Each party agrees to cooperate fully with the other and to execute or
furnish any documents reasonably requested by the other, and to furnish
information and testimony with respect to any tax liability asserted by
taxing authorities for any joint returns filed by the Parties.
2. Subject to Section 3 below, the Court reserves jurisdiction to
allocate between the Parties (1) the costs of any professional hired to
defend any joint return before any taxing authority, and (2) any taxes,
penalties, or interest assessed by any taxing authority or the proceeds of
any refund provided by any taxing authority.
3. Neither party waives his or her right to seek status as an Innocent
Spouse under Internal Revenue Code section 6015 (26 USCA § 6015). If
either is found to be an Innocent Spouse, the Court retains jurisdiction to
equitably allocate the assessed deficiency, together with any interest or
penalties on it, unequally between the Parties up to the assignment of one
hundred percent (100%) to one party and zero percent (0%) to the other.
C. Separate Tax Returns. Each of the Parties will file separate tax returns
for ___________ (year) reporting only the income earned by each during that
year and all income, gains, interest, deductions, expenses, and losses
associated with any asset confirmed to him or her under the terms of this
Agreement. Each will hold the other free and harmless from and fully indemnify
the other against any taxes associated with any asset confirmed to him or her
under the terms of this Agreement.
D. Conformity of Tax Returns. In the event deductible/taxable spousal
support was paid during a given calendar year, the Parties will do the following:
On or before February 15 of the following year, the Parties will provide each
other with the amount each intends to put on his or her income tax return for
deductible support payments or taxable support received.
1. If the amount each provides the other is different, the Parties will
meet and confer to resolve the difference, with the goal of setting forth the
exact same amount on their respective income tax returns.
2. If the Parties cannot resolve the difference between themselves,
they will mutually agree on a mediator and will immediately attend
mediation for the purpose of resolving the dispute. The mediator may be
anyone the Parties mutually agree could be helpful in facilitating a
resolution of the dispute. The cost of the mediator will be split equally
between the Parties.
3. The Court reserves jurisdiction to enforce the terms of this Section
D and its subparts, including (1) the power to adjudicate the support
amount to be set forth on the Parties' income tax returns so that the
amounts on the returns are in conformity, and (2) allocation of attorney
fees and costs associated with the implementation of this Section D and
its subparts.
11. Bankruptcy
A. Husband's Acknowledgment. Husband acknowledges that the debts
and liabilities assigned to him pursuant to this Agreement, including his obligation
of indemnification to Wife, are assumed by him as part of an overall bargain with
Wife that the Parties agree and believe is an equitable and fair division of their
assets and liabilities.
B. Wife's Acknowledgment. Wife acknowledges that the debts and liabilities
assigned to her pursuant to this Agreement, including her obligation of
indemnification to Husband, are assumed by her as part of an overall bargain
with Husband that the Parties agree and believe is an equitable and fair division
of their assets and liabilities.
12. General Provisions
A. Entire Agreement; Settlement and Release. The Parties intend this
Agreement to be a final and complete settlement of all of their rights and
obligations arising out of the marriage and acknowledge that it contains the entire
agreement on the matters it covers and it supersedes any previous Agreement
between the Parties. Except as otherwise provided in this Agreement, each party
releases the other from any and all debts, obligations, and liabilities owing to the
other, whether incurred before or after the effective date of this Agreement. Each
party releases and discharges the other from any right to claim any interest in the
property of the other, except as provided in this Agreement. Each party releases
the other from any claims of reimbursement because of the conduct of either
party during the marriage or with respect to any asset during the pendente lite
period up to the date upon which this Agreement is last executed.
B. Execution of Other Documents. Each party agrees that he or she will,
upon request, execute, acknowledge, and deliver to the other party or to the
other party's executor or representative any and all documents, deeds, contracts,
releases, bills of sale, promissory notes, or other instruments necessary to
effectuate the terms of this Agreement. Either party who fails to comply with this
paragraph will reimburse the other for any expenses, including attorney fees and
court costs, that, as a result of this failure, become reasonably necessary for
carrying out this Agreement.
C. Mutual Release from Interspousal Obligations. Except as otherwise
provided in this Agreement, each party hereby releases the other from all
interspousal obligations, whether incurred before or after the effective date, and
all claims to the property of the other. This release extends to all claims based on
rights that have accrued before the marriage. The Parties have considered and
provided for such claims in this Agreement.
D. Amendment. The provisions of this Agreement may only be waived,
altered, amended, modified, revoked, or terminated, in whole or in part, in a
subsequent written agreement specifically referring to this Agreement and signed
by both the Parties. However, those provisions of this Agreement that are
specifically modifiable may be modified either by the written consent of both
Parties or by an order of a court of competent jurisdiction. Each party waives the
right to claim, contend, or assert in the future that this Agreement was modified,
canceled, superseded, or changed by oral agreement, course of conduct, or
estoppel.
E. Binding Effect. This Agreement will inure to the benefit of and be binding
on the Parties and their heirs, personal representatives, assigns, and other
successors in interest of each party.
F. Effect of Reconciliation. Any reconciliation between the Parties will not
cancel, terminate, or modify the force or effect of any provision of this Agreement
dealing with the present assets or obligations of either or both Parties.
G. Severability. This is an integrated agreement entered into by the Parties
because of the overall settlement. Therefore, if any term, provision, or condition
of this Agreement is altered or held by a court of proper jurisdiction to be invalid,
void, or unenforceable, and should enforcement of the remaining provisions then
result in a substantial injustice to one party, the Parties request and agree that
the Court retain the jurisdiction to modify the remainder of the Agreement to the
extent necessary to cure the injustice. Otherwise, the remaining provisions will
remain in full force and effect and will in no way be affected, impaired, or
invalidated.
H. Governing Law. This Agreement will be construed in accordance with,
and governed by the laws of the State of __________________ (name of state) ,
except that this Agreement will not be construed in favor of or against either
party, but in a manner that is fair to both Parties.
I. Continuing Jurisdiction. The Parties agree that the Court will have
continuing jurisdiction to enforce the executory provisions of this Agreement and
to divide any subsequently discovered or undisclosed property and to resolve
any claims relating to the warranties, covenants, and releases contained in this
Agreement. The Parties agree that the warranties, covenants, and releases will
survive the merger of this Agreement into the Judgment of Dissolution and may
be enforceable independently of the judgment by a breach of warranty action.
J. Incorporation into Judgment. This Agreement will be submitted to the
Court in the Parties' dissolution action and be incorporated into the judgment of
dissolution. The Parties by the terms of said judgment will be ordered to comply
with the terms of this Agreement. However, the Parties intend and agree that the
terms of this Agreement will bind them regardless of its incorporation into any
judgment of dissolution of marriage. This Agreement does not depend upon
approval of the Court for it to be binding upon the Parties.
K. Agreement Voluntary and Clearly Understood. In affixing their
signatures to this Agreement, each of the Parties is acknowledging that he or she
has read the Agreement and discussed it with his or her attorneys, that each
understands all of its terms, and agrees to be bound by its provisions. The
Parties have not entered into the terms of this settlement under duress or
coercion, but upon due reflection.
WITNESS our signatures as of the day and date first above stated.
________________________ _________________________
(P rinted Name of Husband) (P rinted Name of Wife)
________________________ _________________________
(Signature of Husband) (Signature of Wife)
Attorney’s Certification for Husband
The undersigned, ___________________ (name of attorney) , certifies that he is
an attorney at law duly licensed to practice and admitted to practice in the State of
_________________ (name of state) ; that he has been employed by ______________
(name of husband) , a party to the foregoing Agreement, and has explained to him the
meaning and legal effect of it, and that ________________ (name of husband) has
acknowledged his full and complete understanding of the Agreement and its legal
consequences, and has freely and voluntarily executed the Agreement.
WITNESS my signature as of the day and date first above stated.
__________________________
(Printed Name of Attorney)
__________________________
(Signature of Attorney)
Attorney’s Certification for Wife
The undersigned, __________________ (name of attorney) , certifies that he is
an attorney at law duly licensed to practice and admitted to practice in the
______________ (name of state) ; that he has been employed by _________________
(name of wife) , a party to the foregoing Agreement, and has explained to her the
meaning and legal effect of it, and that _________________ (name of wife) has
acknowledged her full and complete understanding of the Agreement and its legal
consequences, and has freely and voluntarily executed the Agreement.
WITNESS my signature as of the day and date first above stated.
__________________________
(Printed Name of Attorney)
__________________________
(Signature of Attorney)
