STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF ________________________
___________________________,
Plaintiff, FILE NO. ___________________
v
___________________________,
Defendant.
CONSENT JUDGMENT OF DIVORCE
This matter was brought on to be heard upon the Complaint filed in this case. On reading
the Complaint, and hearing the Plaintiffs testimony taken in open Court on
______________________, it satisfactorily appears to this Court that the allegations of her
Complaint for Divorce are true and there has been a breakdown of the marriage relationship to the
extent that the objects of matrimony have been destroyed and there remains no reasonable
likelihood that the marriage can be preserved. NOW THEREFORE, on Motion of ______________________________, attorney(s) for
the Plaintiff, _____________________________:
DIVORCE
IT IS HEREBY ORDERED, and this Court by virtue of the authority vested in it, and
pursuant to the statutes in such case made and provided, DOES ORDER AND A DJUDGE that
th e marriage between ____________________ and _______________________ shall be and the
same is dissolved and a divorce from the bonds of matrimony between the pa rties is also
ORDERED.
PERIODIC ALIMONY
IT IS FURTHER ORDERED that neither the Plaintiff, ____________________, nor the
Defendant, ______________________, shall be awarded any periodic (i.e., judicially modifiable
or extendable) alimony, it is forever barred, and none is reserved.
BANKRUPTCY/DEBT/SUPPORT PROVISION
IT IS FURTHER ORDERED that the parties expressly acknowledge and warra nt to this
Court that in the course of resolving their divorce dispute they negotiated a compromised
settlement and that, the Plaintiff and the Defendant agreed to pay c ertain other mari tal debts, as
specifically described in Sections 2.1 and 4.1 of the Property Settlement provisions, holding the
Plaintiff and the Defendant harmless from those debts. In the event tha t either the Plaintiff or the
Defendant becomes a debtor under the U.S. Bankruptcy Code, whether voluntarily or otherwise,
it is the intention of the parties, and this Court, that the agreement of both the Plaintiff and the
Defendant. to pay those marital debts, as specifically described in S ections 2. 1 and 4.1 of the
Property Settlement provisions, holding the Defendant and the Plaintiff harmless from those
debts is a binding support award to the indemnified party. In the event that it is subsequently
determined by any court of competent jurisdiction, that the Plaintiff or the Defendant 's agreement
to pay certain marital debts, holding the other harmless from those debts, i s not in the nature of
"alimony, maintenance or support, " then it is still the intention of the parties that those
obligations of the Plaintiff and the Defendant shall be nondischargeable in such bankruptcy
proceeding pursuant to 11 USC 523(a)(15). IT IS FURTHER ORDERED that by way of further representation and warranty, the
Plaintiff and the Defendant currently possess the ability to pay the obligations inc urred and
described in Sections 2.1 and 4.1 of the Property Settlement provisions from their current
income and/or income producing property, which income and/or property is not reasonably
necessary to be expended for his or her maintenance or support or the maintenance or support of
a dependent of the Plaintiff or the Defendant, nor is the income and/or property of the Plaintiff
and/or the Defendant necessary for the payment of expenditures for the continuat ion,
preservation and operation of the Plaintiff and/or Defendant's business (if any.)
INSURANCE PROVISIONS
IT IS FURTHER ORDERED that all rights of either party in and to the proceeds of any
policy or contract of life insurance, endowment, or upon the life of the other part y, in which he
or she was named or designated as beneficiary, or to which he or she became entitled to by
assignment or change of beneficiary during the marriage, or in anticipation of the marriage,
whether such contract or policy is presently written or later becomes eff ective, shal l upon the
entry of this Consent Judgment of Divorce become due and shall be payable t o the estate of the
insured, or to such other named beneficiary as he or she shall affirmativel y designate, and he or
she shall cease to be treated as, and he or she by this Consent Judgment of Divorce waives any
right to claim to be a designated beneficiary.
PENSION AND/OR RETIREMENT BENEFITS
IT IS FURTHER ORDERED that Plaintiff, __________________________, and
Defendant, ________________________, shall each retain as their sole and separate property,
free and clear of any claim of the other, any and all right, title and interest in and to any pension,
401(K), profit-sharing, annuity, employee stock ownership ("ESOP"), individual retireme nt
account ("IRA") other retirement benefits, or any accumulated contributions or bene fit accruals
in any pension, 401(K), profit-sharing, annuity, ESOP or retirement benefits, or any rig hts or
contingent rights in and to any vested pension and/or other retirement benefits that either par ty
has acquired as a result of their employment.
PROVISION IN LIEU OF DOWER
IT IS FURTHER ORDERED that the provisions made for the Plaintiff,
_________________________, in this Consent Judgment of Divorce shall be in lieu of her
dower in the real property of the Defendant, ___________________________, and he shall in
the future hold and own his real property free, clear and discharged from any such dower rights
or comparable claims, and this provision shall be in full satisfaction of all claims that
_________________________ may have in any real property that ________________________
now owns, or which he may in the future own, or in which he now possesses, or which he may in
the future possess any legal or equitable interest.
ATTORNEYS' FEES
IT IS FURTHER ORDERED that the Defendant, __________________________, and
the Plaintiff, __________________________, shall each pay their own attorneys fees.
RELEASE OF ATTORNEYS
IT IS FURTHER ORDERED that the attorneys for the parties shall be a nd they are
released as attorneys of record in post-judgment proceedings unless they are specifically retained
by their respective client for such post-judgment action or proceedings.
RECORDATION OF JUDGMIENT
IT IS FURTHER ORDERED that each party shall immediately execute , acknowledge
and deliver to each other, as and when required, any and all deeds, assignments , insurance
applications, tax returns or schedules, and/or other instruments of release, assura nce, transfer or
conveyance required in order to effectuate the terms and provisions of this Cons ent Judgment of
Divorce. However, in the event that either of the parties shall fail , refuse or neglect to execute,
acknowledge or deliver any instrument required in order to implement the terms and provisions
of this Consent Judgment of Divorce, in that event this Consent Judgment of Divorce shall be
self-executing and it shall stand in the place and stead of any of t he instruments required under
this provision. Furthermore, a certified copy of this Consent Judgment of Divorce may be
recorded in any offices of any register of deeds, secretary of state, de partment of commerce, or
other federal or state public office, either in Michigan, or any other stat e, which shall have the
same force and effect as if such record, instrument or transfer was, in fact, executed in recorda ble
form by the necessary parties.
ENFORCEMENT OF JUDGM[ENT
IT IS FURTHER ORDERED that the parties shall perform their respective executory
obligations as expressly specified in this Consent Judgment of Divorce w ith due diligence and
the utmost good faith, and in the event that either party wrongfully fai ls to fulfill such obligations
as imposed on them, thus necessitating the institution of enforcement proce edings, then the party
in default, as determined by the presiding Judge, shall then pay the court c osts and reasonable
attorneys fees actually incurred by the non-defaulting party in such post- judgment enforcement
proceedings, subject to the Court's right to reduce such claim for fees and cos ts in the event the
incursion of those fees and costs is disproportionately large compared to the materi ality and relief
eventually afforded the prevailing party.
MUTUAL RELEASE
IT IS FURTHER ORDERED that the parties to this divorce action shall fully release
and discharge each other, his or her heirs, personal representatives, administrat ors and all other
legal representatives of and from all claims of any nature, kind and des cription, from the
beginning of their marriage to the date of their execution of this Consent J udgment of Divorce,
and they shall further release and discharge each other from any and all c laims, rights and
interests that either now has or may have in the future to any property, rea l, personal or mixed,
belonging to or which may be acquired in the future by the other party, except a s has been
expressly excluded in this Consent Judgment of Divorce, including all rights of dower and
homestead, and including any and all rights of every nature, kind and description growing out of
the marriage relationship, except as expressly provided to the contrary in thi s Consent Judgment
of Divorce.
RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that the Grand Traverse County Circuit Court specific ally
reserves and retains jurisdiction over this action and the Plaintiff,
_________________________, and the Defendant, ________________________, for the
express purpose of assuring compliance with the executory provisions of this Conse nt Judgment
of Divorce, and it reserves the right to make such other and further Orders as shall be necessary
to implement this Consent Judgment of Divorce.
NONINTERFERENCE
IT IS FURTHER ORDERED that the Plaintiff, ____________________, and the
Defendant, ________________________, shall continue to live apart for the rest of their lives.
Neither party shall hold herself or himself out as continuing to be marrie d to the other party.
Each party shall be free from interference, direct or indirect, by the other as though unmarried,
nor shall either encourage or actively support another person to molest, threaten, harass or
interfere with the rights and privileges of the other.
FULL DISCLOSURE BY PARTIES
IT IS FURTHER ORDERED that each of the parties represents and warrants to this
Court, and to each other, that they have made a full and complete disclosure to the other party of
all assets acquired and all debts incurred during the course of their marriage and that the Property
Settlement provisions contain a complete itemization and disclosure of those assets and debts and
that this Consent Judgment of Divorce effectuates the distribution and allocation of all of those
assets and debts between the parties.
IT IS FURTHER ORDERED that both the Plaintiff and the Defendant have
represented to their legal counsel of record, to this Court, and to one another, that each has fully
disclosed all of the assets and debts of the marriage including a repre sented fair market value for
each of the marital assets. In reliance upon such representations and warra nties, the parties have
negotiated a settlement, and this Court has adopted that negotiated sett lement as its division of
the parties' assets and debts. In the event that one of the parties has not disclosed all of the assets
and debts of the marriage, or he or she has deliberately understated the val ue of assets or
overstated the amount due on debts then, in that event, and under the authority of Sands v.
Sands, 192 Mich App ~98; 482 NW2d 203 (1992), aff d 442 Mich 30; 497 NW2d 493 (1993),
the undisclosed asset, or that part of the undisclosed asset shall be awarded in its entirety to the
party who was unaware of the asset or the interest in that asset and, if this Court finds that the
true amount owed on debt was not disclosed in its entirety, then the oversta ted amount of the
debt shall be paid to the party who relied on such overstatement of debt, or unt il further order of
this Court. It is further acknowledged by both parties that there may exist a potential claim
against them arising out of the sale of their former dwelling, and if such a claim is ever
successfully asserted in the future, if any, such liability shall be a joint and several obligation of
both parties.
NON-DISCOVERY
IT IS FURTHER ORDERED that both the Plaintiff and the Defendant acknowledge that
neither has conducted any extensive pre-trial discovery proceedings of the ot her's assets, this
disposition of assets, debts or their fair market value normally undertaken i n a case of this type,
including interrogatories, depositions, requests to admit, the hire of experts, the purchase
appraisals, private investigators, injunctions and the compilation of trial exhibits and aids. Such
intrusive and expensive pre-trial discovery was not pursued or undertaken at the parties' explicit
request, to avoid legal costs and with the object of controlling their own divorce proceedings wit h
a minimum of acrimony and public notoriety. Moreover, it was the mutual inte nt of the parties to
rely upon their own legal, tax, and appraisal advice. Accordingly, each party is willing to assume
the considerable risks posed by their failure to initiate and complete, com prehensive pre-trial
discovery, and they wish to enter into this Consent Judgment of Divorce, and t hey do so with the
full knowledge that had such pre-trial discovery been vigorously conducted and complet ed, either
party might very well have sought a different disposition or division of their marital wea lth.
EFFECTIVE DATE
IT IS FURTHER ORDERED that this Consent Judgment of Divorce shall bec ome
effective immediately upon it being signed and filed in the office of the County Clerk for the
County of ____________________, State of Michigan.
ALIMONY-IN-GROSS
IT IS FURTHER ORDERED that the Defendant, _____________________, shall pay
to the Plaintiff, ______________________, through the _______________ County Friend of the
Court, alimony- in-gr oss (i.e., judicially non-modifiable spousal support) in the amount of
_____________________________ ( ) Dollars, with the amount of
_______________________________( ) Dollars paid upon the execution of the
Consent Judgment of Divorce, and the balance due, i.e., _______________________________
( ) Dollars, shall be paid by the Defendant to the Plaintiff in monthly installments, in
the amount of __________________ ( ) Dollars per month each, commencing on the first
(lst) day of the first (1st) month immediately following the entry of t his Consent Judgment of
Divorce and continuing for the next consecutive _____________ ( ) months until the remaining
________________________( ) Dollars alimony- in-gross award is paid in full by the
Defendant to the Plaintiff.
IT IS FURTHER ORDERED that in the event of the failure of the Def endant,
________________________, to timely and/or fully comply with his alimony- in-gross obligation
to the Plaintiff, ____________________, such failure shall not act as a release of the Defendant
from his alimony- in-gross obligation. The Plaintiff, _____________________, shall have
recourse to all available judicial remedies (e.g. legal; equitable; income withholdin g; contempt of
court) to her under existing or future laws to enforce her alimony- in-gross award from the
Defendant, ___________________________, to ensure the prompt and complete payment to the
Plaintiff, __________________________, of her alimony- in-gr oss award, together with the
payment to the Plaintiff of all of her reasonable attorneys fees and costs of litigation that she
actually incurs in enforcing Defendant's alimony- in-gross obligation.
IT IS FURTHER ORDERED that the Defendant, _______________________, shall
not be awarded any alimony- in-gross (i.e., judicially non-modifiable spousal support), it is
forever barred, and none is reserved.
PROPERTY SETTLEM[ENT
IT IS FURTHER ORDERED that the following division of assets and debts and other
terms and conditions pertaining to the division of the parties' existing as sets and allocation of
their debts are described in the following paragraphs. For ease of reference, the Plaintiff,
______________________, is referred to as __________ and the Defendant,
_______________________, is referred to as ___________ .
WIFE's Property. WIFE shall receive and retain as her sole and separate property,
free from any claim by HUSBAND, the following:
7.1 Automobile.
7.2 Inheritance and Gifts. All assets inherited by or given to WIFE prior
to or during the course of the marriage, currently in her possession,
in her
name, or not otherwise specifically transferred to HUSBAND by this
Consent Judgment of Divorce.
1.3 Art Work, Jewelry, Collectibles. All art work, art objects, paintings,
antiques, collectibles, collections, sporting equipment, and jewelry
now in WIFE's name or possession, under her control, or held for her
benefit at
________________________________________________.
1.4 Household Contents and Personal Items. All of the household goods,
contents, furniture, fixtures, furnishings, appliances, and personal
property and belongings now in WIFE's possession or under her
control located at ______________________________, except for
those items which are listed on the attached Exhibit "B", which
identified items are awarded to HUSBAND.
1.5 Prior Owned Assets. All assets owned by WIFE prior to the
marriage not otherwise specifically disposed of by this Consent
Judgment of Divorce;
1.6 Accounts, All of WIFE's savings, checking, money market, and
trust accounts now in her name, in her possession, or established
for her benefit.
1.7 Pension/Retirement Benefits. All rights, interest and benefits, in any
retirement, qualified pension, qualified profit sharing, IRC '401(k)
plan, IRA, deferred compensation or other employment benefits
made available to Wife by her past, current and future employers in
accordance with MCL 552. 101, including her 401(k) qualified
plans.
2. WIFE'S Debts. WIFE shall assume all of the debts, mortgages, liens,
obligations and encumbrances (Debts) on all of the real and tangible personal property that
she receives according to Section I of this Property Settlement provision, together with
any outstanding personal debts or obligations that she incurred before or after the date of
the parties' separation of May 10, 1999, and she shall indemnify, defend and hold
HUSBAND harmless from such Debts, joint or otherwise, including, but not limited to, the
following identified debts:
7.1 Debts.
2.2 Warranty; Breach. WIFE acknowledges and warrants that this
Consent Judgment of Divorce has been negotiated and reached with
the understanding that she will promptly and timely pay all of the
Debts described in Section 2 when they become due and owing
without threat or cost to HUSBAND. A failure to promptly and
timely pay such Debts and obligations by WIFE, which causes
HUSBAND to pay such Debts and obligations or which materially
impedes or impairs HUSBAND's ability to borrow funds from a
lending institution or otherwise materially adversely affects
HUSBAND's financial condition, or his "credit rating," shall
constitute a breach of this provision by WIFE.
2.3 Recovery of Costs and Indemnity. In the event that HUSBAND is
called upon to pay any of the Debts, liens or obligations that WIFE
expressly assumes by this Consent Judgment of Divorce, or WIFE is
determined to have breached this Consent Judgment of Divorce, as
defined in Section 2.2, then HUSBAND shall be permitted to
immediately institute legal proceedings against WIFE (or her estate
as the case may be) to recover the amount that he paid to such
"creditors" or their assigns, plus seven percent (7 %) interest per
year, compounded annually from the date of payment on such
amounts paid, and he shall also be permitted to recover all
reasonable attorneys fees and costs of litigation that he actually
incurs in defending or settling such action(s), if he prevails in that
action. HUSBAND shall also be permitted to recover from WIFE
(or her estate, as the case may be) all reasonable attorneys fees and
costs of litigation that he actually incurs enforcing this indemnity
from WIFE (or her estate, as the case may be), if he prevails.
3. HUSBAND'S Property. HUSBAND shall receive and retain as his sole and
separate property, free from any claim by WIFE, the following:
7.1 Automobile.
3.2 Inheritance and Gifts. All existing assets inherited by or given to
HUSBAND prior to or during the course of the marriage, currently
in his possession, in his name, or not otherwise specifically
transferred to WIFE by this Consent Judgment of Divorce.
3.3 Art Work, Jewelry, Collectibles. All art work, art objects, paintings,
antiques, collectibles, collections, sporting equipment, boats, and
jewelry now in HUSBAND's name or possession, under his control,
or held for his benefit, including newspaper collections and
antiques.
3.4 Household Contents and Personal Items. All of the household goods,
contents, furniture, fixtures, furnishings, appliances, and personal
property, and belongings now in HUSBAND's possession or under
his control located at
_____________________________________________, except for
those items which are listed on the attached Exhibit "A", which
identified items are awarded to WIFE.
3.5 Accounts. All of HUSBAND's savings, checking, money market,
and trust accounts now in his name, in his possession, or established
for his benefit.
3.6 Pension/Retirement Benefits. All rights, interest and benefits, in any
retirement, qualified pension, qualified profit sharing, IRC '401(k)
plan, IRA, deferred compensation or other employment benefits
made available to HUSBAND by his past, current and future
employers in accordance with MCL 552.101.
4. HUSBAND'S Debts. HUSBAND shall assume all the debts, mortgages,
liens, obligations and encumbrances (Debts) on all of the tangible personal property that
he receives according to Section 3 of this Property Settlement provision, together with
any outstanding personal debts or obligations that he incurred before or after the date of
the parties' separation of ___________, and he shall indemnify, defend and hold WIFE
harmless from such Debts, joint or otherwise, including, but not limited to the following
identified debts:
4.1 Debts.
4.2 Warranty. HUSBAND acknowledges and warrants that this Consent
Judgment of Divorce has been negotiated and reached with the
understanding that he will promptly and timely pay all of the Debts
described in Section 4 when they become due and owing without
threat or cost to WIFE. A failure to promptly and timely pay such
Debts and obligations by HUSBAND, which causes WIFE to pay
such Debts and obligations or which materially impedes or impairs
WIFE's ability to borrow funds from a lending institution or
otherwise adversely affects WIFE's financial condition, or her
"credit rating," shall constitute a breach of this Consent Judgment of
Divorce by HUSBAND.
4.3 Recovery of Costs and Indemnity. In the event that WIFE is called
upon to pay any of the identified Debts, liens or obligations that
HUSBAND expressly assumes by this Consent Judgment of
Divorce, or HUSBAND is determined to have breached this Consent
Judgment of Divorce as defined in Section 4.2, then WIFE shall be
permitted to immediately institute legal proceedings against
HUSBAND (or his estate, as the case may be) to recover the amount
that she paid to such "creditors" or their assigns, plus seven percent
(7 %) interest per year, compounded annually from the date of
payment on such amounts paid, and she shall also be permitted to
recover all reasonable attorneys fees and costs of litigation that she
actually incurs in defending or settling such action(s). WIFE shall
also be permitted to recover from HUSBAND (or his estate as the
case may be) all reasonable attorneys fees and costs of litigation that
she actually incurs enforcing this indemnity from HUSBAND (or
his estate as the case may be).
5. Income Tax.
5.1 Allocation of Liability. If, subsequent to the date of this Consent
Judgment of Divorce, any deficiencies are asserted by the Internal
Revenue Service or the Michigan Department of Treasury (or any
other state) with respect to joint tax returns filed by WIFE and
HUSBAND prior to the effective date of this Consent Judgment of
Divorce, then such deficiency, penalties, and interest shall be
assumed and timely paid by HUSBAND, and any refunds shall be
awarded entirely to HUSBAND.
5.2 Records. HUSBAND and WIFE shall timely exchange copies of
all relevant and material business and tax records regarding tax
basis, holding, and accelerated depreciation or investment tax
credit recapture potential, as contemplated by Treasury
Regulations 1. 104 1 - 1 T(b), Q- 14.
5.3 No Exchange of Consideration. The property division and allocation
of debts and assets reflected in this Consent Judgment of Divorce is
intended to be income and gift tax free under IRC '1041. To that
end, the parties have retained certain assets and they have, in fact,
divided marital property evenly whenever and wherever possible
and in all other instances and in totality they have, in fact, divided
their marital assets in a fairly equitable manner. Accordingly,
neither HUSBAND nor WIFE shall be deemed to have given any
consideration to the other of any kind or nature for any particular
piece of property (i.e., personal, intangible, or mixed) and neither
party shall be deemed to have purchased or transferred for value
anything to the other to effect such exchange or division of property.
5.4 Tax Notices. In the event either HUSBAND or WIFE receive
notices from any taxing authority with regard to proposed audits,
assertions of deficiencies, penalties, interest, or refunds (collectively
referred to as a "Notice") with regard to any joint income tax returns
previously filed by them, then the party who receives the Notice
shall within twenty-one (21) days provide a copy of such Notice or
correspondence from the taxing authority directly to the other party to enable the other party to timely participate in such tax adjustment
proceedings, audit or litigation. A failure to timely provide a copy of
such Notice to the other party shall cause the party who initially
received the Notice to be fully (100%) responsible for such tax
deficiencies, penalties and interest, all attorney or accountant fees
incurred by the other, or to forfeit all (100%) of any such refund,
notwithstanding the provisions of Section 5. 1 to the contrary.
6. Financial Obligations of the Parties. In the event that WIFE does not
adhere to her financial obligations as described in Section 2.1, or HUSBAND doe s not
timely adhere to his financial obligations described in Section 4. 1, thus causing one
former spouse to pay the other former spouse's financial obligations, then eithe r party
shall possess the right to sue the other for indemnification and/or contribution for the
amount advanced and paid on behalf of the other contrary to the commitment of t his
Consent Judgment of Divorce, with interest accruing from the date of the pa yment and
compounded annually at the rate of seven (7%) percent, per year until payment is made.
The purpose of this Section 6 is to ensure that each of the parties shall timely adhere to
their financial commitments described above.
7. Construction of Consent Judgment of Divorce.
7.1 _________ Law Governs. This Consent Judgment of Divorce shall
be governed by and construed under the laws (statute and common)
of the State of Michigan.
7.2 General Rules of Construction. Paragraph headings are for
convenience only. In no event shall any such title or caption be
deemed to be part of this Consent Judgment of Divorce or
interpretive of any of its language or intent. Reference to the
singular shall include the plural, and vice versa, when the context so
suggests. No provision of this Consent Judgment of Divorce be
interpreted for or against any party because that party or that party's
legal representative drafted the Consent Judgment of Divorce or any
of its provisions. Time shall be of the essence in interpreting
performance under the Consent Judgment of Divorce.
7.3 Invalidity. In case any property settlement provision of this Consent Judgment of Divorce is held to be contrary to or invalid under the
law of any country, state or other jurisdiction, such illegality or
invalidity shall not affect, in any manner, the remaining property
settlement provisions of this Consent Judgment of Divorce, all of
which shall continue to be effective in any country, state or
jurisdiction in which such provision is deemed legal and valid.
7.4 Modification. No modification of or amendment to the property
settlement terms of this Consent Judgment of Divorce shall be valid
unless it is in writing and signed by both HUSBAND and WIFE.
7.5 Non-Waiver. No waiver of any breach of the property settlement provisions of this Consent Judgment of Divorce or any default by
HUSBAND and WIFE shall be deemed a waiver of any future
breach or default of a similar nature.
7.6 Integration. All prior verbal agreements or representations between the parties are integrated and merged into this Consent Judgment of
Divorce. The property settlement provisions of this Consent
Judgment of Divorce constitutes the entire understanding of
HUSBAND and WIFE. It supersedes any prior verbal agreements or
negotiations between them and it, therefore, reflects their entire
understanding. There are no representations or warranties made by
the HUSBAND and WIFE other than those expressly described in
this Consent Judgment of Divorce.
7.7 Contractual Intent. It is the intention of both HUSBAND and WIFE
that all of the property settlement provisions of this Consent
Judgment of Divorce including, but not limited to, those relating to
the division or distribution of property, support, insurance and tax
returns, which may not be enforceable or enforced by the Grand
Traverse County Circuit Court in post-judgment proceedings shall
be contractually binding between HUSBAND and WIFE. All
provisions of this Consent Judgment of Divorce may be enforced by
each of the parties in the Grand Traverse County Circuit Court,
which Court shall be deemed to be proper venue. HUSBAND and
WIFE further acknowledge that the obligations imposed on each of
them contained in this Consent Judgment of Divorce constitute
adequate and sufficient consideration to support all of the provisions
of this Consent Judgment of Divorce. Neither HUSBAND nor WIFE
will take any action to obtain and no judgment, order or decree in
any post judgment action if obtained, whether brought in the State of
Michigan or in any other state or country having jurisdiction over
HUSBAND and WIFE shall make any provision for or affect the
property rights of either party inconsistent with the property
settlement provisions of this Consent Judgment of Divorce.
Notwithstanding the prior sentence, if any provision is made in any
judgment, order or decree which is inconsistent with the property
settlement provisions of this Consent Judgment of Divorce, or
imposes a different or greater obligation on either the HUSBAND
and WIFE than contemplated by this Consent Judgment of Divorce,
the provisions of this Consent Judgment of Divorce shall take
precedence and shall be the primary obligation of both the
HUSBAND and WIFE.
7.8 Income Taxation. References in this Consent Judgment of Divorce to income taxes or to the Internal Revenue Code (i.e., "IRC")
expressly includes the Internal Revenue Code of 1986, as
subsequently from time to time in the future amended.
7.9 Successors and Assigns. The covenants, conditions and restrictions contained in this Consent Judgment of Divorce shall bind and inure
to the benefit of HUSBAND and WIFE and their respective
distributees, successors, personal representatives, fiduciaries, heirs
and assigns.
7.10 Notices. All notices, payments or statements required under this Consent Judgment of Divorce shall be deemed to have been timely
given if either delivered personally or mailed by certified or
registered mail to the parties at the following addresses.
_________________________ _______________________
_________________________ _______________________
_________________________ _______________________
Either party may change the address for notices, payments or statement s by giving
written notice to the other party in the manner described above.
_________________________
Hon. ____________________
Circuit Court Judge
Dated: __________________
APPROVED AS TO FORM
______________________________ ___________________________
______________________, Plaintiff Attorney for Plaintiff
Dated: ________________________ Dated: ____________________
_____________________________ ___________________________
____________________, Defendant Attorney for Defendant
Dated: _______________________ Dated: _____________________
EXHIBIT "A" TO CONSENT JUDGMENT OF DIVORCE
HOUSEHOLD ITEMS AWARDED TO PLAINTIFF
All household items currently in the possession or under the control of Plaintiff.
_________________________ _________________________
EXHIBIT "B" TO CONSENT JUDGMENT OF DIVORCE
HOUSEHOLD ITEMS AWARDED TO DEFENDANT
All household items currently in the possession or under the control of Defendant.
_________________________ __________________________
