Fill and Sign the Settlement Spouse Form

Separation and Settlement Agreements with Provisions for Support of Spouse Agreement made on the       day of       , 20       , between       of       , referred to (Name of Husband) (Street Address, City, County, State, Zip Code) herein as Husband, and       , of       , (Name of Wife) (Street Address)       , referred to herein as Wife. (City, County, State, Zip Code) Whereas, the parties to this Agreement were married on       , (Date) in       ,       ,       , and (Name of City) (Name of County) (Name of State) ever since have been and now are Husband and Wife; and Whereas, Husband and Wife have no children born of their marriage; and Whereas, as the result of disputes and unhappy differences between the parties, they separated on or about       and have agreed to an immediate and (Date) permanent separation ; and Whereas, Husband and Wife intend and it is the purpose of this Agreement to make a complete and final settlement of all claims that Husband may have against Wife for alimony, support and maintenance, and to provide fairly and adequately for her support and maintenance, and to memorialize the separation of the parties and their Agreement to remain permanently separate and apart; and Whereas, in order to insure the full information and advice of both Husband and Wife, each has retained and has been represented by independent legal counsel in connection with the negotiations for and the drafting of this Agreement in the consideration of the respective rights, duties and obligations of the parties; and Whereas,       , of       , ( Name of Wife's Attorney) (Street Address)       , has represented Wife, and       , (City, County, State, Zip Code) (Name of Husband's Attorney) of       , has represented Husband; (Street Address, City, County, State, Zip Code) Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Living Separate and Apart. Husband and Wife may and shall live separate and apart, Separation and Settlement Agreements Page 1 of 5 each free from all dominion, restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party may reside at such place or places as he or she may select. 2. No Molestation or Interference. Neither party shall molest or interfere with the other or compel or attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action or otherwise. 3. Division of Property . With respect to the property, both real and personal, acquired by Husband and Wife during their marriage and owned by them or either of them at the time of their separation, the same has previously been equitably divided and apportioned between the parties as set forth in attached Exhibit A, attached hereto and made a part hereof, and they ratify and confirm this division and apportionment. 4. Separate Property . Each party shall retain, have and enjoy, independently of any claim, right or demand of the other party, all property of every kind, nature and description and wherever situated that is now owned or held or is in the future acquired by him or her, or stands in his or her name. 5. Debts and Obligations. Each of the parties shall pay all debts incurred by him or her after the date of this Agreement, and will indemnify the other party against liability for the same. Husband shall pay debts incurred by him or by Wife or by the parties jointly prior to the date of this Agreement, including the debts attached hereto as Exhibit B and made a part hereof. 6. Release of Estate Rights. Each party releases all right to share in the estate of the other, or to serve as personal representative of the estate of the other, except only as provided by will or codicil to will executed subsequent to the date of this Agreement. 7. Support and Maintenance of Spouse A. Husband shall pay to Wife as and for her necessary support and maintenance, $       per month, on or before the       day of each month, and (Number) continuing until the remarriage of Wife or the death of Husband or Wife, whichever event shall first occur. B. Wife a ccepts the payments specified in and to be made under this Section in full satisfaction and settlement of all her right, claim and demand against Husband for support, maintenance and alimony, and in full satisfaction and in lieu of all right of dower or other interest in and to any and all property which Husband now owns or may in the future acquire. C. Wife agrees that the allowance for her support and maintenance is reasonable and just under the circumstances of the parties and her needs and requirements. 8. Family Residence. A. The real property previously used and occupied by Husband and Wife as their family residence, located at       , has been set (Street Address, City, County, State, Zip Code) Separation and Settlement Agreements Page 2 of 5 apart to Wife for her exclusive use and occupation, together with the furniture, fixtures, linens, dishes and other articles of personal property in the residence, for so long as Wife shall remain there in residence and unmarried. B. As long as Wife shall occupy and use this property as her residence, and until her remarriage, Husband shall pay the       payments on (mortgage or deed of trust) the property of $       per month and all taxes levied on the property, both real and personal. C. The payments to be made under this Section by Husband are in addition to and separate from the payments of alimony and support elsewhere provided for in this Agreement. D. On the remarriage of Wife, or on her ceasing to occupy and use the real property as her residence, all obligations of Husband to make payments under this Section shall cease, and from that time forward the property shall be held and dealt with by the parties as tenants in common. 9. Execution of Necessary Instruments. The parties, and each of them, agree to execute all instruments necessary to carry out the terms of this Agreement. 10. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 11. Spouses Attorney’s Fees. Husband has separately agreed to pay       , attorney for Wife , a sum satisfactory to this attorney for (Name of Wife’s Attorney) all services rendered by him to Wife in connection with the negotiation and preparation of this Agreement and advice with respect to Wife’s rights and obligations. Wife agrees that payment to her attorney by Husband as provided in this Section shall fully and finally discharge any right or claim of Wife against Husband for reimbursement for attorney's fees for legal services rendered to her in connection with this Agreement. If Wife incurs expenses for attorney's fees or costs, or both, in any proceeding necessarily brought to enforce this Agreement, or any provision of this Agreement for her benefit, then she shall have the right to reimbursement from Husband for such expenses, and Husband agrees to pay the same. 12. Divorce or Dissolution of Marriage. A. T his Agreement shall not be construed in any measure as a consent to or condonation of a divorce in favor of either party or dissolution of marriage, but the Agreement shall not be a bar to an action or proceeding for divorce or dissolution of marriage or separate maintenance. Separation and Settlement Agreements Page 3 of 5 B. Should a judgment or decree of divorce or dissolution of marriage or separate maintenance be entered in any court of competent jurisdiction in any pending or future action or proceeding, then this Agreement, and in particular its provisions for the support and maintenance of Wife, shall be incorporated in, merged with and become a part of, such judgment or decree. 13. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 14. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 16. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 17. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 18. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. Separation and Settlement Agreements Page 4 of 5 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 21. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. By: By: (Signature of Wife) (Signature of Husband)             (P rinted Name of Wife) (P rinted Name of Husband) (Acknowledgments before a notary public). Approved as to form on the       day of       , 20       .             (Signature of Attorney for Wife) (Signature of Attorney for Husband) Attach Exhibits Separation and Settlement Agreements Page 5 of 5