Marital Settlement Agreement

 

  1. I, _____________________________________ (hereinafter referred to as “Husband”) and I, ____________________________________ (hereinafter referred to as “Wife”) agree as follows:
    1. GENERALLY: We are now Husband and Wife. We were married on ________________, 20____.
    2. The Parties agree that the date of separation was ________________, 20 _____.
    3. The Parties agree the length of marriage was _______ years and _______ months. We make this Agreement with reference to the following facts:

□ There are no minor children from this marriage;

or

□There is _____ minor child(ren) from the marriage, namely:

  1. ________________________, born ____________, 20___, now age ____.
  2. ________________________, born ___________, 20___, now age ____.
  3. ________________________, born ___________, 20___, now age ____.
  4. ________________________, born ___________, 20___, now age ____.

 

  1. Unhappy and irreconcilable differences have arisen between us, which have caused the irremediable breakdown of the marriage.
  2. We now intend, by this Agreement, to make a final and complete settlement of all our rights and obligations concerning child custody and visitation, child support, spousal support, division of separate property, and division of community and quasi-community property assets and debts.
  1. SEPARATION: We agree to live separately and apart, and, except for the duties and obligations imposed and assumed under this Agreement, each shall be free from interference and control of the other as fully as if he or she were single.
    1. All assets and debts acquired by either party after the date of separation, _________________, 20_____ will be the sole and separate property and liability of the party acquiring them, and each party disclaims and waives any and all rights and interests in each asset acquired and any liability or responsibility to pay any debts by the other after that date.
  • SUPPORT PAYMENTS TO SPOUSE:
    1. □ The parties agree that the following amount of spousal support completely meets the needs of the Parties.
      1. Husband and Wife were married for _____ years and _____ months.
      2. Pursuant to laws of the state of _____________________ state law, the marriage is considered:

□ Short-term (less than 10 years)

□ Long-term (10 years or more)

□ The Parties agree _________________________ (Husband or Wife) shall pay _________________ (Husband or Wife) as and for Spousal Support $___________.00 per month on the _____ day of each month for a term of _____ months;

or

□ Both Parties forever and always waiver their rights to Spousal Support.

  1. The Parties agree that this Agreement is binding as and for Spousal Support and the parties agree that the signing and execution of this agreement terminates the Court’s Jurisdiction over the issue of Spousal Support and no other court shall have jurisdiction of this issue of Spousal Support.
  1. CHILD SUPPORT: The parties agree that the following amount of child support meets the needs of the minor child.
    1. ___________ (Husband or Wife) agrees to pay _____________ (Husband or Wife) as and for Child Support $________.00 per month on the ____ day of each month commencing on ____________, 20 _____. And continuing until the minor child(ren) reach the age of majority, age 18; or graduates from high school, whichever comes first.
    2. As and for additional Child Support, _____________ (Husband or Wife) Petitioner agrees to pay $_______.00 per month as and for day-care costs until the child reaches the age of ____.
    3. The Court shall retain jurisdiction over the issue of Child Support.
    4. The Parties acknowledge, pursuant to the family code laws of the State of _____________, and are fully informed of their rights concerning child support, and the parties entered into this agreement without coercion or duress and agree that the needs of the minor child will be adequately met by the agreed amount of support herein, as of the signing of this agreement.
    5. The parties attest that the right to support HAS NOT been assigned any state or county child support agency and no application for public assistance is pending.
  2. HEALTH INSURANCE:  ________________ (Husband or Wife) shall maintain health insurance coverage for the benefit of the minor child(ren) if insurance is available at no cost or at reasonable cost. If such coverage is not available such coverage shall be obtained if it becomes available. If the ____________ (Husband or Wife) is unable to obtain no cost or reasonable cost insurance for the benefit of each supported child, the _____________ (Husband or Wife) shall maintain health insurance coverage for the benefit of the minor child if that insurance is available at no cost or at reasonable cost to the parent. If such coverage is not available such coverage shall be obtained if it becomes available. If no health insurance is available to either parent the parties agree that each parent is responsible equally (50%-50%) to pay for insurance or reimburse the other parent for any and all medical costs, including but not limited to co-pays, not covered by insurance.
  3. CHILD CUSTODY: The country of habitual residence of the minor child for all purposes in the United States (42 USC § 11601). The county of habitual residence of the minor child is the State of ____________, County of ________________.
    1. LEGAL CUSTODY: Legal custody of the minor child of the parties shall be JOINT LEGAL CUSTODY to Petitioner and Respondent as set forth under the state of __________ statute. Joint legal custody means both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
    2. PHYSICAL CUSTODY: Physical Custody of the minor child shall be PRIMARY PHYSICAL CUSTODY of the minor child to _______________ (Husband or Wife) with VISITATION to ______________ (Husband or Wife). Primary physical custody as set forth under the state of ______________ statute, and shall mean that the child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. ________________ (Husband or Wife) shall have the care and custody of the minor children at all times except forth below. ___________________ (Husband or Wife) shall have the care and custody of the minor children during visitation.
  • VISITATION SCHEDULE:
    1. Visitation shall commence upon the notarized signing of this Agreement.
    2. __________________ (Husband or Wife) shall have visitation with the minor child on:

□the 1st and 3rd weekend of each month from __ p.m. Fridays to____ p.m. Sundays;

or

□ the 2nd and 4th weekend of each month from _____ p.m. Fridays to 6:00 p.m.

□ Other: (specify) ______________________________________________

 

_______________________________________________________________

 

_______________________________________________________________

 

_______________________________________________________________

 

  1. The Parties shall alternate custody and visitation in any month with five weekends.
  2. The Parties agree to cooperate with one another in scheduling makeup visitation for any parenting time missed due to work conflict or illness of either a parent and/or child.
  3. Other visitation times shall be mutually agreed to by the Parties.
  • HOLIDAY AND VACATION SCHEDULES:
    1. Holidays and Vacation shall take priority over the regular visitation and vacation schedule pursuant to the Holiday and Vacation Schedule below:
    2. Holiday Schedule:
      1. The following holiday schedule shall commence with the first holiday after commencing the signing of this agreement. The Parties will alternate each holiday with one parent on even number years and the other parent on odd number years. The Parties may modify this holiday schedule verbally by mutual agreement or in writing.
  • New Year’s Day: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • New Year’s Eve: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.to ____ a.m./p.m.
  • Easter Sunday: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • Memorial Day weekend: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • Labor Day Weekend: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • Thanksgiving Day: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • Christmas Eve: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.
  • Christmas Day: ________________ (Petitioner or Respondent/Even or Odd Years) from ____ a.m./p.m. to ____ a.m./p.m.

Other holidays:

    1. Vacation Schedule:
  • Summer Break (first half): __________________________________________.
  • Summer Break (second half): ________________________________________.
  • Winter Break (first half): ____________________________________________.
  • Winter Break (second half): _________________________________________.
  • Easter Break: _____________________________________________________.
  • Spring Break: _____________________________________________________.
    1. Holidays and Vacations not specifically identified above shall be with the parent who has custody/visitation as they fall on the regular parenting/visitation schedule, or mutually agreed to by the parents.
    2. On any three (3) day holiday weekend where one of the parties has visitation with the minor child(ren), visitation shall extend to 6:00 p.m. Monday.
    3. The parents mutually agree the _______________ (Husband or Wife) shall pick the child(ren) up from ____________ (Husband or Wife) residence on Fridays, and the child(ren) shall be dropped off at ______________ (Husband or Wife) residence on Sundays.
    4. There shall be a one (1) hour grace period for all exchanges and pickups due to unforeseen circumstances of both parties. In the event either parent shall be more than one-hour late the other parent shall be notified immediately.
    5. _______________________ (Husband or Wife) shall have VIDEO CALL VISITATION with the minor child(ren) every __________________ (insert day(s) for ______ minutes between the hours of ______ a.m./p.m. and _______ a.m./p.m.
    6. The Parties shall cooperate with one another to reschedule any missed video visitation.
  1. CHILD TAX EXEMPTION:

□The __________________ (Husband or Wife) shall claim the minor child(ren) on his or her state and federal income tax returns commencing in 20___, as long as the minor child(red) resides with him/her as the primary care giver. If the residency of the minor child(ren) changes to ___________________ (Husband or Wife) for more than six (6) months in any year, the _______________ (Husband or Wife) shall claim the minor child(ren)  on his state and federal income tax returns;

or

□ The Parties shall alternate years with each other they claim the minor child(ren) on his or her state and federal income tax returns commencing on 20_____;

or

□ Petitioner shall claim ______________________ minor child(ren) on his or her income tax every year; and Respondent shall claim __________________________, minor child(ren) on his or her state and federal income tax returns every year commencing on 20___.

  1. CONFIRMATION OF SEPARATE PROPERTY:
    1. Husband and Wife agree that their separate property has been satisfactorily divided and is known to both parties.
    2. The following property was and is the sole and separate property of Husband, and Wife confirms it to him and waives any claim to it or interest in it:
      1. Any item acquired prior to marriage, during marriage by gift or inheritance, devise or descent, doctrine of tracing, or acquired after date of separation.
      2. All items now in the Husband’s possession, including, but not limited to all personal effect such as, but not limited to, clothing, household furniture, furnishing, tools, appliances and jewelry.
  • _______________________________________________________________.
  • ________________________________________________________________.
  • ________________________________________________________________.
  • ________________________________________________________________.
  • Any and all bank accounts now in his own name.
  1. The following property was and is the sole and separate property of Wife, and Husband confirms it to her and waives any claim to or interests in it:
    1. Any item acquired prior to marriage, during marriage by gift or inheritance, devise or descent, doctrine of tracing, or acquired after date of separation.
    2. All items now in the Wife’s possession, including, but not limited to all personal effect such as, but not limited to, clothing, household furniture, furnishing, tools, appliances and jewelry.
  • _______________________________________________________________.
  • ________________________________________________________________.
  • ________________________________________________________________.
  • ________________________________________________________________.
  • Any and all bank accounts now in her own name.
  1. Each of us waive and renounce any and all rights to inherit the estate of the other at the other’s death or to receive any property of the other unless directed by will executed after the date of dissolution of marriage, or to claim any family allowance or future inheritance from the other’s estate.
  1. DIVISION OF COMMUNITY PROPERTY ASSETS: The parties warrant and declare under penalty of perjury that all community and quasi-community assets and liabilities divided in this Agreement constitute all their community and quasi-community assets and liabilities. In the event any debts and liabilities are undisclosed by either party, the division of any undisclosed community property or quasi-community property remains the jurisdiction of this Court.
    1. Husband is awarded and assigned the following assets as his share of the community property.
      1. All furniture, furnishing and appliances, clothing, jewelry, tools, and other personal property now in his possession.
      2. Any and all accounts in any financial institution held by Husband in his name solely or with any third party.
  • All rights, title, and interest in all vehicles held by Husband in his name solely or with any third party.
  1. ______________________________________________________________.
  2. ______________________________________________________________.
  3. ______________________________________________________________.
  • _______________________________________________________________.
  • ______________________________________________________________.
  1. Wife is awarded and assigned the following assets as her share of the community property.
    1. All furniture, furnishing and appliances, clothing, jewelry, tools, and other personal property in her possession.
    2. Any and all accounts in any financial institution held by Wife in her name solely or with any third party.
  • All rights, title, and interest in all vehicles held by Respondent in her name solely or with any third party.
  • ______________________________________________________________.
  1. ______________________________________________________________.
  2. ______________________________________________________________.
  • _______________________________________________________________.
  • ______________________________________________________________.
  • DIVISION OF COMMUNITY PROPERTY DEBTS:
    1. Basic Allocation. Petitioner and Respondent mutually agree that they are each responsible for paying any and all obligation, whether known or unknown to either Party, secured by property received by that Party under the terms of this Agreement or incurred prior to marriage or subsequent to the date of separation except as Otherwise provided herein.
    2. The following debts, whether community or separate, are awarded and confirm to the Husband as Husband’s sole and separate debs and Wife hall hold Respondent harmless therefrom:
      1. Any and all debts, including credit card debt, known or unknown to Wife in Husband’s name only.
  • ______________________________________________________________.
  • ______________________________________________________________.
  1. ______________________________________________________________.
  • _______________________________________________________________.
  1. Any and all debts, liabilities, and obligations incurred by Husband after the date of separation.
  1. The following debts, whether community or separate, are awarded and confirm to Wife as Wife’s sole and separate debs and Respondent shall hold Husband harmless therefrom:
    1. Any and all debts, including credit card debt, known or unknown to Petitioner, in Respondent’s name only.
    2. ______________________________________________________________.
  • ______________________________________________________________.
  1. ______________________________________________________________.
  • _______________________________________________________________.
  1. Any and all debts, liabilities, and obligations incurred by Wife after the date of separation, known or unknown to Husband.
  • EQUALIZATION OF DIVISION OF PROPERTY AND DEBTS
    1. Division of property set forth above represents an agreement of Petitioner and Respondent as to a division of community property and a settlement of all claims involving commingled or contested separate property or for reimbursement by either party. The community debts of Petitioner and Respondent were taken into consideration in effecting this division of community property.
    2. Husband and Wife each promise the other that they shall not incur any debt or obligation for which the other may be liable, and each agrees that if any claim be brought seeking to hold one liable for the subsequent debt of the other, or for any acts or omission of the other, then each will hold the other harmless, and defend such claim.
    3. If either party decides to claim any rights under bankruptcy laws, that party must notify the other of this intention in writing at least fourteen (14) days before filing the petition, including the name, address and telephone number of the attorney, if any, who represent the party in that petition, and the Court in which the petition will be filed. The party receiving notice will have five (5) business days to elect to participate jointly with the notifying party in a consolidation proceeding and may choose to be represented by the same attorney, if any.
  • TAXES.
    1. Husband and Wife agree to file their state and federal taxes for the _______ (year) separately as single persons. Husband and Wife agree to be responsible for their own state and federal taxes for the ______ (YEAR).
  1. FORMER NAME RESTORED.

□ Wife’s former name is restored to ______________________________.

  • ATTORNEY’S FEES, LEGAL FEES AND COURT COSTS. Husband and Wife agree to pay their own attorney’s fees, legal fees, and court costs now and in the future as related to this Dissolution of Marriage action, and all related issues and matters subject to this Agreement.
  • NOTICE AND OPPORTUNITY TO BE HEARD: The parties understand that they have the right to advance notice of court proceedings and an opportunity to be heard by the Court, including the rights to present evidence, cross examine witnesses, and argue, and by signing this agreement, each waive any right to further notice and opportunity to be heard for the purposes of the validity of Court orders made from this agreement.
  • ADVICE OF INDEPENDENT COUNSEL: The parties acknowledge and agree that they are not represented by legal counsel. Parties are represented IN PRO PER/IN PRO SE. Petitioner and Respondent acknowledge that they have been advised to obtain independent legal counsel, that they voluntarily waived the right to consult with independent attorneys, that they have read and understand the content and legal effect of this agreement. The parties further recognize that the termination of the marriage, issues of child custody, visitation, child support, spousal support, division of separate property, and division of marital property assets and debts is determined by this Agreement.
  • VOLUNTARY AND INFORMED CONSENT: The parties further acknowledge and agree that they entered into this agreement voluntarily, free from duress, fraud, undue influence, coercion, or misrepresentation of any kind.
  1. RESERVATION OF JURISDICTION: The parties agree that the Court shall have jurisdiction to make whatever orders may be necessary or desirable to carry out this Agreement and to divide equally between the parties any community assets or liabilities omitted from the division under this Agreement.
  • EXECUTION OF INSTRUMENTS: Each party agrees to execute and deliver any documents, make all endorsements, and do all acts which are necessary or convenient to

carry out the terms of this Agreement. Upon failure to comply with thirty (30) days, the Court may, upon Ex Parté application of either party, appoint the County Clerk of this Court as its commissioner to execute said documents. Either Party who fails to comply with this paragraph shall reimburse the other party for any expense that, as a result of this failure, becomes reasonably necessary for carrying out this Agreement.

  • PRESENTATION TO COURT: This Agreement shall be presented to the Court in any divorce proceeding between the parties, the original of the Agreement will be either

attached to the Judgment, or placed in the Court’s case file, and the Court shall be requested to approve the Agreement and order the parties to comply with its provisions. It is the intention of the parties that all warranties and remedies provided in the Agreement shall be preserved.

  • DISCLOSURES: Each party has made a full and honest disclosure to the other of all current finances and assets, and each party enters into this Agreement in reliance thereon. Each warrant to the other, and declares under penalty of perjury, that the assets and liabilities divided in this Agreement constitute all of their community and quasi-community assets and liabilities.
  • BINDING EFFECT: This Agreement, and each provision thereof, is expressly made binding upon heirs, assignees, executors, administrators, representatives, and successors in the interest of each party.

 

DATED: ___________, 20__             _______________________________________________

____________________, HUSBAND, in Pro Per/in Pro Se

(Husband’s full name as it appears on Petition)

 

DATED: ___________, 20____        _______________________________________________

__________________________WIFE, in Pro Per/in Pro Se

 

 

DATED: ____________, 20___        _______________________________________________

JUDGE/COMMISSIONER OF THE SUPERIOR COURT,

State of ___________, County of ____________________

 

 

 

 

(THE SIGNATURES OF HUSBAND AND WIFE ON THIS DOCUMENT

MUST BE NOTARIZED)

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