Utah Separation and Property Settlement Agreement

SEPARATION AND PROPERTY SETTLEMENT AGREEMENT

In the Judicial District Court

County, State of Utah

Case No.

Comes now, Petitioner, , and Respondent, , and hereby stipulate and agree as follows in settlement of all issues arising out of or connected with the above-entitled action for divorce.

1. Respondent hereby waives the right to file an Answer in this matter, or withdraws any Answer filed, agrees that a default may be entered and agrees that the Court may award Petitioner an uncontested Decree of Divorce and Judgment in this matter consistent with the terms of this Separation and Property Settlement Agreement and without further notice to.

2. The parties hereto agree that the provisions of this Separation and Property Settlement Agreement shall be incorporated into any judgment or Decree of Divorce, and that this Separation and Property Settlement Agreement shall survive, and shall not be merged into any judgment, decree or order which may be issued.

3. Petitioner and/or Respondent are actual and bona fide residents of County, State of Utah, and were for more than three (3) months immediately prior to the commencement of this action.

4. Petitioner and Respondent were duly married at , Utah on

5. The marriage between Petitioner and Respondent is irretrievably broken and there are irreconcilable differences between Petitioner and Respondent, making it impossible for the marriage to continue.

6. Petitioner and Respondent have minor and adult children who are issue of the marriage. The names and birth dates of the children are as follows:

1. , born

2. , born

3. , born

4. , born

5. , born

7. The parties' minor children have resided in County for at least six (6) months, and Utah is the home state of the children.

8. Neither party has participated, as a party, witness, or in any other capacity, in any other litigation concerning the custody of the parties' minor children in Utah or any other state.

9. Neither party has any knowledge of any custody proceeding concerning the parties' minor children pending in a court of Utah or any other state.

10. Neither party knows of a person not a party to this proceeding who has physical custody of the parties' minor children or who claims to have custody or visitation rights with respect to the parties' minor children.

11. During the course of the parties' marriage, Petitioner Respondent was the primary caretaker of the parties' minor children and was responsible for the day-to-day care of the children.

12. It is in the best interest of the parties' minor children that sole care, custody, control, and guardianship of the parties' minor children be awarded to

Petitioner

Respondent

13. Petitioner has gross monthly income of $ , or such income will be imputed to Petitioner because Petitioner is voluntarily unemployed or underemployed;

Petitioner:

is/ is not under court order to pay child support for children other than the children from this marriage, in the sum of $ per month;

does/ does not pay alimony to an ex-spouse, in the sum of $ per month;

does/ does not contribute anything toward monthly premiums for health, hospital, or dental care insurance on the parties' minor children, in the sum of $ per month;

and pays $ in monthly work or education-related child care costs for the parties' minor children.

14. Respondent has gross monthly income of $ , or such income will be imputed to Respondent because Respondent is voluntarily unemployed or underemployed;

Respondent:

is/ is not under court order to pay child support for children other than the children from this marriage, in the sum of $ per month;

does/ does not pay alimony to an ex-spouse, in the sum of $ per month;

does/ does not contribute anything toward monthly premiums for health, hospital, or dental care insurance on the parties' minor children, in the sum of $ per month;

and pays $ in monthly work or education-related child care costs for the parties' minor children.

15. Respondent / Petitioner agrees to pay Petitioner / Respondent child support in accordance with the Utah Uniform Civil Liability for Support Act based on the parties' incomes and the Sole Custody Worksheet, in the sum of $ per month until such time as each of the parties' minor children reaches eighteen (18) years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later.

16. two equal monthly installments of one-half of the total monthly obligation, with payments due on the and days of each month.
one monthly payment due on the day of each month.

17. Respondent / Petitioner agrees to pay all work-related childcare costs for the parties' minor children. However, no obligation to pay work-related childcare costs will accrue unless the custodial parent is working and actually incurring childcare costs. Also, the obligation to pay will be contingent upon the non-custodial parent's receipt of proof of the childcare expenses.

18. Pursuant to Utah Code Annotated, Section 78-45-7.11, the base child support award will be reduced by fifty percent (50%) for each of the parties' minor children for time periods during which the child is with the noncustodial parent by order of the court or by agreement of the parties for at least 25 of any 30 consecutive days.

19. Each party agrees to attend and complete the two-hour course entitled Divorce Education for Parents, as required by law within thirty (30) days of his or her execution of this Separation and Property Settlement Agreement.

20. Neither of the parties has received public assistance (AFDC) for the parties' minor children from the State of Utah.

21. Only during any period when Petitioner/ Respondent is receiving ongoing public assistance (AFDC) from the State of Utah, or the State of Utah is collecting child support for Petitioner/ Respondent, the following provisions will apply:

a. Petitioner/ Respondent will pay child support ... to the Utah State Office of Recovery Services, (, , Utah ), unless the Office of Recovery Services notifies Petitioner/ Respondent that payments will be sent elsewhere.

b. If the Office of Recovery Services enforces the child support order, Petitioner’s/ Respondent’s income will be subject to immediate and automatic withholding as of the effective date of the order.

c. Each party will keep the Office of Recovery Services informed of changes in his or her address, employment, income, or medical insurance coverage.

d. Either party may request review of child support order pursuant to Utah Code Annotated, Section 62A-11-320.5.

22. The noncustodial parent will be awarded such reasonable visitation with the parties' minor children as the parties may agree. If not, the following schedule applies:

a. One weekday evening from 5:30 p.m. until 8:30 p.m.;

b. Alternating weekends from 6 p.m. on Friday until 7 p.m. on Sunday;

c. Holidays take precedence over the weekend visitation schedule;

d. If a holiday falls on a school day, the noncustodial parent is responsible for the child's attendance at school;

e. If a holiday falls on a weekend or on Friday/Monday and the total holiday period extends beyond that time, the noncustodial parent shall be entitled to this lengthier holiday period;

f. Odd-numbered years holiday schedule;

g. Even-numbered years holiday schedule;

h. Father's Day every year from 9 a.m. until 7 p.m.;

i. Mother's Day every year from 9 a.m. until 7 p.m.;

j. Extended visitation up to four weeks consecutive, with two weeks uninterrupted time;

k. Custodial parent shall have an identical two-week period during summer vacation;

l. If enrolled in year-round school, extended visitation is 1/2 of vacation time;

m. Notification of extended visitation or vacation weeks shall be provided at least 30 days in advance;

n. Telephone contact shall be at reasonable hours.

23. Petitioner will pay % and Respondent will pay % of all reasonable and necessary uninsured medical and dental expenses incurred for the parties' minor children and actually paid by either parent, including deductibles and co-payments.

24. A parent who incurs medical or dental expenses for the parties' minor children will provide written verification of the cost and payment of medical and dental expenses to the other parent within thirty (30) days of incurring such expense.

25. The parent who obtains medical or dental insurance for the parties' minor children will provide verification of coverage to the other parent, or to the Office of Recovery Services upon initial enrollment and thereafter on or before January 2 of each calendar year.

26. Petitioner/ Respondent will be responsible for the purchase and maintenance of appropriate medical and dental insurance for the parties' minor children if coverage is or becomes available at a reasonable cost. Petitioner will pay % and Respondent will pay % of all such costs.

27. Petitioner will pay % and Respondent will pay % of the out-of-pocket costs of the medical and dental insurance premium actually paid by a parent for the children's portion of the medical and dental insurance.

28. Until all the parties' minor children reach age eighteen (18) or graduate from high school, Petitioner/ Respondent will be required to purchase and continuously maintain life insurance on his life with a death benefit of not less than $ , and will be required to name the parties' minor children as the beneficiaries of said life insurance policy.

29. Petitioner will be entitled to claim the following children as dependents on tax returns:

30. Respondent will be entitled to claim the following children as dependents on tax returns:

31. The foregoing notwithstanding, a parent will not be allowed to claim the parties' minor children unless claiming the children will result in a tax benefit to that parent.

32. Petitioner/ Respondent will not be entitled to claim the parties' minor children as dependents for tax purposes unless Respondent is current on court ordered child support payments for the children.

33. Petitioner/ Respondent will be required to pay Petitioner/ Respondent temporary/ permanent alimony in the sum of $ per month for a period of months/ until the death of either party.

34. The parties have acquired certain items of personal property which will be awarded to Petitioner, to wit:

1.

2.

3. Petitioner's personal effects and clothing.

4. All personal property acquired by Petitioner prior to the parties' marriage.

5. All personal property acquired by Petitioner since the date the parties separated, on or about

37. The parties have acquired certain items of personal property which will be awarded to Respondent, to wit:

1.

2.

3. Petitioner's personal effects and clothing.

4. All personal property acquired by Petitioner prior to the parties' marriage.

5. All personal property acquired by Petitioner since the date the parties separated, on or about

38. The parties have incurred certain debts, which will be paid by the designated party:

39. Petitioner and Respondent will each harmless and indemnify the other on all debts and obligations the other agrees to pay.

40. The parties have the following bank accounts and other like assets, full ownership of which are assigned to the designated party, as follows:

41. During their marriage the parties acquired an interest in , which interest will be awarded to .

42. During their marriage the parties acquired certain real property located at , and more specifically described as follows:

Said real estate will be sold immediately at a price agreed upon by the parties. Petitioner will be awarded % of the remaining proceeds, and Respondent will be awarded % of the remaining proceeds.

Until such time as the property is sold, Petitioner/ Respondent will be entitled to exclusive possession of the property.

Other agreements relating to said property are as follows:

43. Petitioner’s maiden name of will be restored to her.

44. Both parties will be authorized to provide notice to each creditor of the parties following the entry of the Decree of Divorce for the allocation of debts between the parties.

45. Both parties will be permanently restrained from annoying, bothering, or harassing each other at any time and at any place.

46. Respondent/ Petitioner agrees to pay $ toward Respondent’s/ Petitioner’s attorney's fees in this case.

47. In the event either party fails to perform his or her obligations under this agreement and/or the Decree of Divorce, such person will be required to pay all costs and attorney fees of the other party incurred in enforcing the terms of this agreement and/or the Decree of Divorce.

48. Each party will be ordered to execute and deliver to the other party without cost any documents necessary to implement the provisions of this agreement and/or the Decree of Divorce entered by the Court.

49. Each party will have the right to dispose of his or her property by last will and testament in such manner as he or she deems proper.

50. The intent of the foregoing paragraph is to operate as a waiver, nullify wills, and revoke payable-on-death accounts as described in the agreement.

51. In connection with the execution of this Separation and Property Settlement Agreement, the parties have each either had the advice of independent legal counsel, or have specifically waived such counsel.

52. Petitioner and Respondent each acknowledge that all of the matters embodied in this Separation and Property Settlement Agreement are fully understood and that the agreement is valid and binding upon him or her.

53. This Separation and Property Settlement Agreement is entire and complete and contains all understandings and agreements between the parties.

54. This Separation and Property Settlement Agreement may not be amended, modified, discharged or terminated except by a writing executed and acknowledged by the party to be bound.

55. Any waiver by either party of any provision of this Separation and Property Settlement Agreement shall not be deemed a continuing waiver.

56. This Separation and Property Settlement Agreement and all rights and obligation of the parties hereunder shall be construed according to the laws of the State of Utah.

57. This Separation and Property Settlement Agreement is binding upon the parties hereto, and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed this Separation and Property Settlement Agreement on the dates hereafter indicated.

ACKNOWLEDGMENT OF PETITIONER

State of Utah

County of

On this day of , 20 , personally appeared before me , the Petitioner, who acknowledged execution of the agreement.

Signed:

Petitioner

NOTARY PUBLIC

Residing At:

My Commission Expires:

ACKNOWLEDGMENT OF RESPONDENT

State of Utah

County of

On this day of , 20 , personally appeared before me , the Respondent, who acknowledged execution of the agreement.

Signed:

Respondent

NOTARY PUBLIC

Residing At:

My Commission Expires: