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, 20___, by and between _________________, (hereinafter known as Wife), and _________________, (hereinafter known as Husband). WITNESSETH: WHEREAS, unfortunate marital differences have arisen between the parties making it impossible for them to live and co-habit together as Husband and Wife, and that the parties are incompatible;
WHEREAS, the parties have agreed to live separate and apart during the remainder of their natural lives;
WHEREAS, an action is contemplated for a dissolution or a divorce of the marriage;
WHEREAS, the parties hereto desire to settle, compound and adjust all their property rights and interest, including spousal support;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, each made to the other party, and in the further consideration of the carrying out of the promises, the parties hereto mutually agree as follows:
SPOUSAL SUPPORT A. The parties mutually consent and agree that there shall be no spousal support due
either party and the Court shall not maintain jurisdiction over spousal support. OR A. The Husband/Wife shall pay to the Husband/Wife, as and for Spousal Support, the
sum of $_________ per month for a period of _____ (___) years subject to the Husband’s/Wife’s death, remarriage, or cohabitation with a non-relative male/female. B. The Husband/Wife has agreed to waive further spousal support and in so doing, the
parties specifically intend that the Husband/Wife will have those assets as set forth in this agreement. The parties also specifically intend that the Husband/Wife will be free of the liabilities which have been assumed by the Husband/Wife in this agreement. The effect of this allocation of assets and liabilities is in part to provide for the maintenance and support of the Husband/Wife. If for any reason the Husband/Wife does not receive those assets or if for any reason he/she must pay any of the debts assigned to the Husband/Wife, the parties recognize that the effect will cause the Husband/Wife to be in need of spousal support. If the Husband fails/Wife to pay the debts or transfer the assets as provided or if he/she shall file a petition in the bankruptcy court: (1) the Husband/Wife will immediately send to the Husband/Wife a complete copy of the bankruptcy petition; (2) the Husband/Wife shall not request the bankruptcy court to discharge any obligation due or on behalf of the Wife pursuant to this agreement; (3) the Husband shall execute a reaffirmation agreement as provided by 11 USC 524(C) to reaffirm these obligations. Further, the Husband/Wife agrees that any court of competent jurisdiction shall reserve the right to reopen and re-examine the issue of alimony/spousal support in the event he/she fails to pay the above stated debts. 2
collectibles. appliances. G. C. 20___. B. and the Wife shall execute the title to said vehicle to the Husband upon the signing of this agreement. F. 3 . The Wife shall receive all of the furniture. free and clear of any claim of the Wife and the Husband shall pay any obligation thereon and hold Wife harmless. appliances. and the Husband shall execute the title to said vehicle to the Wife upon the signing of this agreement. tools and equipment in his possession at the time of the final hearing. each party is to contribute their incomes to the usual living expenses as each has done in the past. fixtures. II. DIVISION OF PROPERTY A. free and clear of any claims of the other party. fixtures. tools and equipment in her possession at the time of the final hearing. collectibles. D.B. free and clear of any claims of the Wife. household goods. The Husband shall receive all of the furniture. E. free and clear of any claims of the other party. free and clear of any claims of the Husband. free and clear of any claims of the Husband. free and clear of any claims of the Wife. household goods. The parties mutually consent and agree that each party shall retain their respective automobile as their individual property. Until _________. The Husband consents and agrees that ______________[identify the vehicle] shall be the individual property of the Wife. The Wife consents and agrees that ________________[identify the vehicle] shall be the individual property of the Husband. The Wife consents and agrees that ___________________________[identify property] shall be the individual property of the Husband. The parties mutually consent and agree that each party shall retain their own personal belongings as their individual property.
the sum of $_____________ payable as follows: 1. the ___________ shall pay to the __________.H. with the first payment due. OR J. taxes. The marital residence is to be listed for sale forthwith and the net proceeds shall be divided equally after expenses of the sale and payment of the mortgage balance. all Husband/Wife right. The entire sum shall be due and payable ___________. taxes. The Husband/Wife consents and agrees to convey to the Husband/Wife by Quit- Claim Deed. the balance of $_________. $___________ on or before the final hearing of the Court action. the Husband/Wife shall pay one-half of the mortgage. utilities. insurance. 20___. and all maintenance costs and to hold the Husband/Wife harmless from the payment of the same beginning _____________. Until sold the Husband/Wife shall have exclusive possession and shall pay the mortgage. As and for a full property settlement. If the residence does not sell on or before ______________. 20___. it shall be auctioned for sale unless otherwise agreed upon by the parties in writing. 4 . insurance. which shall bear interest at the rate of _____%. I. taxes and insurance until sold. and utilities. or the death of the ____________. 20___. 20___. on _____________. OR I. directly to the _________. If the residence does not sell on or before _____________. 2. All reasonable and necessary maintenance costs shall be divided equally. The _____________ may at any time reduce the principal of said $__________ balance without penalty. to be computed annually and payable quarterly. The Husband consents and agrees that ____________________________[identify the property] shall be the individual property of the Wife. The Husband/Wife consents and agrees to pay the primary mortgage. title and interest in and to the marital residence on or before the final hearing of this matter. free and clear of any claim of the Husband and the Wife shall pay any obligation thereon and hold the Husband harmless.
_______ further agrees to approve and sign an order. The ____________ shall retain his 401(k) retirement and profit sharing at ___________free and clear of the claims of the _____________. pension rights 401(k) plans and profit sharing plans) as of ___________ 20___. Husband shall pay to the Wife $______________ for her share therein on or before _______________. The Husband and Wife acknowledge that each party may be entitled to certain employee pension benefits and each party ahs been fully apprised of the valuation and extent of said 5 . which order shall comply with the requirements of the Retirement Equity Act of 1984 to establish a Qualified Domestic Relations Order. The ____________ agrees to assign to ____________ as an alternative payee ______ of the fully vested benefits of __________ under the said plan (including all benefits of any kind including. 20___. for the Court’s approval. The _____________ shall transfer to the __________ as a partial division of property and by a Qualified Domestic Relations Order the sum of $___________ from his/her plan in connection with his/her employment at _______________. but not limited to. OR K.K. Further. Any further pension benefits vested in either party shall remain the property of that party free and clear of any claims of the other except as hereinbefore provided. and both parties agree they will make any modifications necessary to quality the order and the Court shall maintain jurisdiction with respect to the implementation and payment of said plan. OR K. ______________ is a participant in the retirement plan. implementing said assignment. OR K. ____________shall transfer to the ________ from his _________ by Qualified Domestic Relations Order the sum of $______________.
bonds. set over. bequest. DEBTS AND OBLIGATIONS A. The Husband shall pay and save the Wife harmless on the following bills in the following approximate amounts: ___________________________ ___________________________ ___________________________ C.pension of the other spouse. II. The Wife agrees to waive any and all claims she may have to the said employee pension benefits of the Husband and Wife agrees to forever quit-claim. rights. title or interest of the other. life insurance. devise. and transfer his rights in the said pension benefit plan to the Wife. stocks. The Wife shall pay and save the Husband harmless on the following bills in the following approximate amounts: ___________________________ ___________________________ ___________________________ 6 . or other items of intangible personal property not otherwise specifically disposed of by this agreement separately and solely owned by or standing in the name of either of the parties. The bank accounts. free and clear of any and all claims. or gift. B. or with either has a right or interest by reason if inheritance. The Husband agrees to waive any and all claims he may have to the said employee pension benefits of the Wife and agrees to forever quit-claim. shall and by these presents do remain that party’s separate property. pension and retirement benefits. The parties mutually consent and agree that neither party shall make any charges against the credit of the other and each party shall be responsible for all charges and bills incurred by them since their separation. set over. and transfer her rights in the said pension benefit plan to the Husband.
ATTORNEY FEES AND COURT COSTS The parties mutually consent and agree that the ______ shall pay the court costs and fees to counsel herein. B. the same as though unmarried. III. in any manner whatsoever. shall be divided equally. Each party shall pay their own attorney fees and all deposits shall apply to court costs. 0WAIVER . control or molestation from the other. and each shall go his own way. each of the parties hereto release and discharge the 7 . GENERAL PROVISIONS A. The parties understand that the filing of a bankruptcy proceeding by either of them may make the foregoing paragraphs enforceable. to wit:_______________________. without direction. A. OR A. V.REPRESENTATION BY LEGAL COUNSEL The __________ consents and agrees that in the negotiation and execution of the within agreement. and each further agrees not to annoy or interfere with the other party. and does hereby waive his right to separate legal counsel. if any. that ________ was advised of his/her right to legal counsel and of the desirability of each party being separately represented by legal counsel. and that he has determined to waive his/her right to such counsel. Excess costs.D. In consideration of the premises. The parties mutually consent and agree that each party shall hereafter continue to live separate and apart from the other. prior to the final haring of any court action. IV.
and whether now owned or hereafter acquired. certificate or other document or instrument to the other party. in such manner as the said court may deem just and proper. heir distributee. F. widower. this said contract and the provisions thereof shall be submitted to the Court hearing and determining said action for its approval. rights. conveyance. E. both temporary and permanent. which may in any manner arise or accrue by virtue of said marriage. C. any court of record may order the execution thereof. Both parties agree that the within agreement shall be a complete settlement of all rights by way of spousal support. Each party shall execute any and all deeds. This agreement shall also constitute and operate as such properly executed document and the County Auditor and County Recorder and any and all other public and private officials are hereby 8 .other from all obligations of support and from any and all claims. and duties arising or growing out of their allowances for year's support and all rights and claims as widow. D. Upon the failure of either party to execute and deliver any deed. changed or modified except that it be done in writing and signed by both of the parties. survivor or next of kin. and shall be incorporated in the Decree of the Court if said Court shall approve the same. title. In the event either of the parties hereto shall seek a divorce from the other. This agreement shall not be altered. and neither party shall make any demands upon the other by way of spousal support and the Court shall not maintain jurisdiction over spousal support unless otherwise mentioned herein. or a dissolution. whether real or personal. bills of sale or other documents and perform any act which may be required or necessary to carry out and effectuate any and all of the purposes and provisions herein set forth. and all other rights or claims whatsoever in or to the estate of the other.
IN WITNESS WHEREOF. that they understand the contents and nature of this agreement and the legal effect thereof.authorized and directed to accept this agreement or a properly certified copy thereof in lieu of the document regularly required for such conveyance or transfer. personally appeared ___________________. the day and year first above written. 9 . the parties have set their hands to duplicates hereof. The Wife and the Husband admit that they have made a full disclosure of their assets and liabilities and that they are fully cognizant and aware of the property and assets and liabilities of the other party. and that they have read the same and are satisfied herewith and believe the same to be fair. G. SIGNED IN PRESENCE OF: ___________________________ ___________________________ _________________________ _____________________ ___________________________ ___________________________ _________________________ _____________________ STATE OF _________ ___________________ ) ) SS ) Before me. who acknowledged that she did sign the foregoing Separation Agreement and that the same is her free act and deed. a Notary Public. reasonable and equitable.
personally appeared ___________________. Notary Public STATE OF _________ ___________________ ) ) SS ) Before me. this _____ day of ________________. Notary Public 10 . a Notary Public. ______________. IN TESTIMONY WHEREOF. ______________. I have hereunto set my hand and official seal at _____________.IN TESTIMONY WHEREOF. I have hereunto set my hand and official seal at _____________. who acknowledged that he did sign the foregoing Separation Agreement and that the same is his free act and deed. this _____ day of ________________. 20___. 20___.
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