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FORM 61.

Separation Agreement for a Couple with No Children

AGREEMENT AND STIPULATION OF SETTLEMENT made this (date), by and between


(name), residing at (address), (hereinafter referred to as the "Wife"), and
(name), residing at (address), hereinafter referred to as the "Husband").

RECITALS:
WHEREAS the parties were married on (date) at (location); and
WHEREAS there are no issue of the marriage and there are no other children
expected; and
WHEREAS the parties have experienced matrimonial difficulties; and
WHEREAS the parties desire that this AGREEMENT AND STIPULATION OF SETTLEMENT
(hereinafter referred to as the "Agreement"), which is entered into after due and
considered deliberation, shall be and constitute a settlement of all matters and
issues between the parties, and an agreement of separation between them with
respect to any funds, assets, or properties, both real and personal, wherever
situated, now owned by the parties or either of them, or standing in their
respective names, or which may hereafter be acquired by either of the parties; and
WHEREAS each party is being represented by separate and independent counsel
of his or her own choosing with whom each has discussed his or her rights and
obligations and the terms of this Agreement; and
WHEREAS the parties are entering into this Agreement and Stipulation of
Settlement of their own free will, without force, coercion, or duress of whatever
nature; and
WHEREAS each party fully understands the terms, covenants, and conditions of
this Agreement and is of the belief that it is fair, just, adequate, and
reasonable as to each of them, and, after due consideration, freely and
voluntarily accepts and agrees to such terms, covenants, and conditions; and
WHEREAS the parties, having had explained to them the provisions of the law
affecting financial and property rights of spouses, including those rights under
(specify state's law), make this Agreement in full and complete satisfaction of
all claims each may have against the other under any law except for claims as to
the entitlement of either party to a divorce; and
WHEREAS the parties expressly represent that their respective rights and
obligations shall be set forth in this Agreement rather than such as might be
provided for, apply, or inure to either party under (specify state's law), and the
parties desire and agree that the provisions hereof shall be binding upon them,
notwithstanding anything to the contrary existing under (specify state's law); and
WHEREAS the parties have waived the exchange of sworn statements of Net
Worth disclosing their assets, property holdings, and income, and they have had
the opportunity to make an independent inquiry and investigation with respect to
the other's past, present, and future assets, property holdings, and income; and
WHEREAS in consequence of disputes and irreconcilable differences, the
parties have heretofore been living separate and apart from each other and the
parties are now, at the time of execution of this Agreement living separate and
apart and desire to continue to live separate and apart and shall, upon the sale
of the marital premises, obtain separate residences.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants, releases, and undertakings herein contained, and for other good and
valuable consideration, the parties respectively covenant and agree as follows:

ARTICLE I
Separation

The parties may and shall continue to live separate and apart for the rest
of their natural lives. Each shall be free from any restraint, interference, or
control of the other and in all respects as if he and she were not and had never
been married to each other. Each may reside from time to time at such place or
places of residence or abode as he or she shall respectively choose.
Neither party shall directly or indirectly make statements to third parties
derogatory of the other.

ARTICLE II
Employment

Each of the parties hereto may, for his or her support, use, and benefit,
engage in any employment, business, or profession which he or she may deem
advisable without in any way affecting any of the provisions of this agreement.
Each shall be free from any restraint, interference, or control of the other
and in all respects as if he and she were not and had never been married each to
the other.

ARTICLE III
Debts

With the exception of those debts enumerated below, each party hereto
represents that he/she has not heretofore incurred nor will he/she at any time
after the execution of this Agreement, incur or contract any debt, charge, or
liability whatsoever for which the other party, his/her legal representatives, or
his/her property or estate, is now or may become liable, and each party further
covenants to keep the other party at all times thereafter free, harmless, and
indemnified from any and all future debts, credit card charges, and liabilities
hereafter contracted by him/her.
(Or): The Husband and Wife previously incurred the following (specify, such
as credit card) debts, enumerated in greater detail on Exhibit A attached hereto.
Each party agrees to pay for the following credit card bills and indemnify and
hold the other harmless from any legal fees, expenses, judgments, or otherwise
incurred as a result of the failure to pay said bills.
Both parties agree to notify the respective credit establishments of the
sole obligation to pay off said debts and remove the other from any liability.
(Or): The Husband (or Wife) was previously indebted to the other in the sum
of (specify $). The Wife (or Husband) agrees to forgive said indebtedness.

ARTICLE IV
Prior Distribution of Separate and Marital Property

Except as herein provided to the contrary, the parties have heretofore


established and divided up their separate and marital property as said terms
"separate property" and "marital property" are defined in (specify state's law),
to their mutual satisfaction. Henceforth, each party shall own and enjoy,
independently of any claim or the right of the other, all separate and/or marital
property, whether real, personal, or mixed, of every kind whatsoever, with full
power to dispose of the same as fully and effectively as if he/she were unmarried.
(Or): The Husband waives and releases to the Wife all right, title, and
interest, in and to a certain parcel of land located at (address) held in the name
of (specify).

ARTICLE V
Disposition and Maintenance of Real Property

The parties represent that they have weighed all their right, title, and
interest with respect to their marital residence, presently held by the parties as
a tenancy by the entirety, and therefore agree to the following:
1. The marital premises located at (address) is presently in the process of
being sold. The parties agree to sell said marital residence on the terms and
conditions mutually agreeable as outlined below, and to equally divide the net
proceeds of said sale, subject to any reimbursements, credits, or adjustments due
to either party as more fully enumerated herein.
a. On or about (date), both parties shall vacate the marital premises.
(Author's note: Optional, if there is a tenant involved): The marital
premises shall be rented to (name of tenant) at a monthly rental of $X. The
Husband shall collect all monthly rents and be responsible to pay the monthly
mortgage on the premises in the amount of $X. The Husband shall apply all rents
paid toward the payment of the premises' mortgage only and for no other purpose
and shall provide the Wife with an accurate monthly accounting regarding the
status of all rents received and mortgage paid.
b. The tenant will be responsible to pay for all other changes and has
agreed to rent the marital premises for a period of One (1) year through (date).
Thereafter, if the tenant declines to purchase the marital residence, but elects
to continue to rent same, the parties shall allow him to inhabit the premises for
an additional period of X months, at a monthly rental of $X. The parties agree to
share equally in all surplus rents.
c. In the event the tenant elects to purchase the marital premises, the
parties shall give him a credit of $X from previous rent paid, and shall sell him
the house at a net amount of $X. The parties agree to retain the services of one
attorney to represent both of them in connection with the sale, and whose fee
shall be divided equally between the parties from the gross proceeds of sale.
d. All obligations, loans, and ordinary closing expenses, including but not
limited to mortgage satisfaction, recording fees, brokerage commissions, state
transfer taxes if any, and any mortgage shall be payable out of the gross proceeds
of sale before division of the proceeds between the parties, and the parties agree
to split equally the net proceeds from the sale.
e. If, prior to closing, it becomes necessary to expend any sum of money in
order to fulfill the representations made in the contract of sale, the party
expending said sum shall be entitled to receive reimbursement of said amount
payable out of the gross proceeds of sale before division of the proceeds between
the parties.
f. In connection with the current rental and potential sale to the aforesaid
tenant, both parties shall remove their personal effects from the marital premises
before (date).
g. In the event the tenant decides not to purchase the marital premises
(Author's note: or if there is no tenant), the parties shall offer it for sale at
the minimum initial price of $X. The parties shall select a licensed real estate
broker to handle the sale of the marital premises and to list the house for sale,
and both parties agree to act in good faith and cooperate in a reasonable manner
in selecting an acceptable real estate broker.
In the event the real estate broker is unable to obtain a bona fide offer
from a buyer to purchase the house for $X after three (3) months, the parties
agree to list the house at $X for a subsequent three (3) month period. In the
event the real estate broker is unable to obtain a bona fide offer from a buyer to
purchase the house for $X after six (6) months, the parties agree to list the
house at a price designed to obtain the highest sales price under current market
conditions.
h. Upon receipt of a bona fide offer to purchase the subject premises, the
parties agree to promptly enter into a contract of sale. The contract of sale
shall provide, in addition to other standard representations made in contracts of
the sale of real property in (location), that vacant and broom clean possession of
the premises shall be delivered at closing of title, that the plumbing, heating,
and electrical systems and all appliances included in the sale shall be in working
order at the time of the closing, and that the roof shall be free of leaks, that
the purchaser shall be afforded a mortgage contingency clause that will allow no
greater than 80% financing of said purchase and no longer than sixty (60) days to
obtain a mortgage commitment, and that the attorney for the parties shall act as
the escrow agent with respect to the contract deposit, which shall be no less than
ten percent (10%) of the total sale price. Both parties further agree to attend
the closing of the title, not to delay the scheduling of same, and to execute any
and all documents necessary to transfer title to the subject premises, including,
but not limited to, the deed, affidavits of title, and all other documents
required by the purchaser's lending institution, and to pay all taxes due from the
gross proceeds of the sale. In that regard, all obligations and closing expenses,
including but not limited to, mortgage pay-off, mortgage pick-up, and brokerage
commissions, shall be payable out of the gross sales price before division of the
proceeds between the parties. If, prior to closing of title, it becomes necessary
to expend any sum of money to fulfill the representations made in the contract of
sale, unless said expense is divided equally by the parties, the party expending
said sum shall be entitled to a credit of said amount as against the division of
the net proceeds of the sale.

ARTICLE VI
Division of Property

The parties represent that they have weighed all their right, title, and
interest, be it legal, equitable, or otherwise, in and to the value of their joint
and individual personal property and have divided all personal property, including
wearing apparel, clothing, jewelry, and personal effects previously hereto (or as
annexed on Exhibit B).

ARTICLE VII
Waiver of Maintenance for Wife and Husband

The Wife is in excellent health and is an experienced (specify, such as


decorator). In view of the property settlement made before and hereunder, the
ability of the Wife to be self-supporting, and other circumstances, the Wife
forever waives any claim or right to support, maintenance, or alimony for herself
from the Husband, now or in the future, which she ever had, now has, or may have
to the maximum extent permitted by law.
The Husband is in excellent health and is an experienced (specify, such as
architect). In view of the property settlement made before and hereunder, the
ability of the Husband to be self-supporting, and other circumstances, the Husband
forever waives any claim or right to support, maintenance, or alimony for himself
from the Wife, now or in the future, which he ever had, now has, or may have to
the maximum extent permitted by law.

ARTICLE VIII
Equitable Distribution

The Husband agrees to pay the Wife the sum of (specify) over a period of X
years, commencing (date). On or before (date), the Husband shall pay the first
installment to the Wife in the amount of $X by certified check or money order and
forwarded to her at her residence or at such other place as she shall designate in
writing to the Husband. Thereafter, the Husband shall pay to the Wife the sum of
$X per annum on or before the first day of each (specify month) thereafter,
commencing on or before (date) and terminating on or before (date), until the
aforementioned amount is paid in full.
Upon the signing of this Stipulation and Agreement of Settlement, the
Husband shall execute a Promissory Note evidencing the aforementioned agreement.
By the terms of said Note, the payments due pursuant to this Article shall not
bear interest so long as the Husband is not in default; after default, interest
shall be due on the unpaid principal balance at the rate of X percent (X%) per
annum. Notwithstanding the foregoing, the Husband may accelerate the above payment
schedule and repay the unpaid balance at any time before (date).
Upon occurrence of any of the following events of default, the entire amount
of the principal hereof, shall, at the option of the Wife, be accelerated and the
aggregate amount thereof shall become immediately due and payable without further
notice of default, presentation, demand, or protest by the Wife, all of which are
waived by the Husband:

(1) The Husband fails to make any installment payment within X days after
the same is due; or
(2) The Husband makes an assignment for the benefit of creditors, commences
(as debtor) a case in Bankruptcy, or commences (as debtor) any proceeding under
any other insolvency law; or
(3) A case in Bankruptcy or any proceeding under any other insolvency law is
commenced against the Husband (as debtor) and a court of competent jurisdiction
enters a decree or order for relief against the Husband as debtor in such case or
proceeding, or such case or proceeding is consented to by the Husband, or remains
undismissed for X days, or the Husband consents to or admits the material
allegations against him in any such case or proceeding; or
(4) A trustee, receiver, or agent (however named) is appointed or authorized
to take charge of substantially all of the property, of enforcing a lien against
such property, or for the purpose of general administration of such property for
the benefit of creditors.

In the event the Husband defaults on the payments hereunder and this Note is
placed in the hands of an attorney for collection, the Husband shall be liable and
agrees to pay all reasonable attorney's fees and court costs in collecting same.
No failure or delay on the part of the Wife in the exercise of any power or
right in this Note shall operate as a waiver thereof, and no exercise or waiver of
any single power or right, or the partial exercise thereof, shall affect the
Wife's rights with respect to any and all other rights and powers.
The Husband waives presentment and demand for payment, notice of dishonor,
protest, and notice of protest of this Note. The provisions of this Note shall
inure to the benefit of and be binding upon any successor to the Husband and shall
extend to any holder hereof of the Wife.
(Or: The parties have two (2) valid patents for a (specify) device currently
on file with the United States Patent Office in the name of the Husband. The
Husband agrees to pay the Wife X percent (X%) of all profits, cash distributions,
royalties, licensing fees, and other monies emanating from the sale, lease, or use
of said patents for any purpose whatsoever. The Husband shall pay said profit to
the Wife within Ten (10) days of constructive or actual receipt thereof, and shall
furnish the Wife with a proper accounting regarding same.)
The parties acknowledge that the aforesaid distribution constitutes a fair
and reasonable equitable distribution and/or distributive award of the parties'
marital property. Additionally, the Wife accepts these monies and the transfer by
the Husband of his one-half interest in the marital residence as more fully
described in Article V of this Agreement and Stipulation of Settlement, in full
and final settlement and satisfaction of all claims she had, presently or may
hereafter have against the Husband, with respect to an equitable distribution
and/or distributive award of the parties' marital property as defined and used in
(specify state's law), which specifically includes, but is not limited to the
Husband's professional degree, license, and private architect practice.
Likewise, the Husband accepts the distribution of the articles and proceeds
as more fully described in this Agreement and Stipulation of Settlement in full
and final settlement and satisfaction of all claims that he had, presently has, or
may hereafter have against the Wife, with respect to an equitable distribution
and/or distributive award of the parties' marital property, as defined and used in
(specify state's law).
Subject to the provisions of this Agreement and Stipulation of Settlement,
the parties have heretofore divided their real and personal property to their
mutual satisfaction, and each party shall hereafter have the right to possess,
own, and enjoy, independently of any claim or right of the other, all property of
every kind, nature, or description and wheresoever situated, title to which is now
or hereafter may be in his or her name and relinquishes all claims to such marital
or separate property, as such term is defined in (specify state's law), including,
without limitation, to all bank deposits, Money Market Accounts, stocks, pension
and/or profit-sharing plans or trusts, deferred compensation, IRA accounts, Keogh
accounts and business interests, professional licenses, degrees or practices, real
estate, residences, automobiles, and other personal property whether held jointly
with another person or in the name of either spouse.
Notwithstanding the foregoing, the Wife hereby waives, now and in the
future, any and all claims she may assert in or against the Husband's pension plan
with (specify).

ARTICLE IX
Income Taxes

The parties have hereto previously filed joint federal and (specify state)
personal income tax returns. If in connection with any such personal joint return
there is a deficiency assessment on any of said returns, the amount ultimately
determined to be due thereon, including penalties and interest, shall be borne by
either or both of the parties, depending on whether the deficiency arouse out of
the individual income of one or other of the parties (and if so, to what extent),
individual deduction, individual deduction or out of a joint deduction.
If in connection with any such joint return there is a refund or credit, the
same shall belong to that party whose miscalculation, overstatement, or
overpayment occasioned such refund or credit provided that the party who made the
miscalculation, overstatement, or overpayment made payment of taxes to the extent
of such miscalculation.
Anything hereinbefore contained to the contrary notwithstanding, each party
does hereby agree to hold the other indemnified, free, and harmless from any
claim, damage, or expense arising out of the aforesaid returns attributable to him
or her as the case may be and any deficiency in connection therewith as to any
such tax penalty or interest attributable to him or her as the case may be.
Commencing with the filing of the (specify year) federal and state tax
returns, the parties shall file separate returns.

ARTICLE X
Release of Estates Rights

1. The Wife agrees to release, and hereby does release, any and all claims
of the Wife to or upon the property of the Husband, whether real or personal and
whether now owned or hereafter acquired, to the end that he shall have free and
unrestricted right to dispose of his property now owned or hereafter acquired,
free from any claim or demand of the Wife and so that his estate and all income
therefrom derived or to be derived shall go and belong to the person or persons
who become entitled thereto by will or devise, bequest, intestacy, administration,
or otherwise, as if the Wife had died during the lifetime of the Husband and,
without in any manner limiting the foregoing, the Wife expressly relinquishes any
and all rights in the estate of the Husband and any and all right of election to
take any share of the estate of the Husband, as in intestacy, including, without
limiting the foregoing, any right of election pursuant to the provisions of
(specify state's law) or pursuant to any other law of any jurisdiction as said
laws may now exist or may hereafter be amended, and any and all other right and
interest in any real or personal property of which the Husband may die seized or
possessed, and the Wife renounces and disclaims, and covenants to renounce and
disclaim (i) all interest of the Wife under any will or trust agreement executed
by the Husband prior to the execution of this Agreement and any right of the Wife
to serve as executor or trustee under any such will; (ii) all interest of the Wife
in the proceeds of any life insurance policy on the life of the Husband; (iii) all
interest of the Wife under any pension, retirement, death benefit, stock bonus or
profit-sharing plan, with respect to which the Husband was a participant or
member; and (iv) any right of the Wife under the laws or practice of any
jurisdiction to act as guardian, conservator, or committee of the property of the
Husband in the event of the incompetency of the Husband or administrator of the
estate of the Husband in the event of the death of the Husband intestate.
2. The Husband agrees to release, and hereby does release, any and all
claims of the Husband to or upon the property of the Wife, whether real or
personal and whether now owned or hereafter acquired, to the end that she shall
have free and unrestricted right to dispose of her property now owned or hereafter
acquired, free from any claim or demand of the Husband and so that her estate and
all income therefrom derived or to be derived shall go and belong to the person or
persons who become entitled thereto by will or devise, bequest, intestacy,
administration, or otherwise, as if the Husband had died during the lifetime of
the Wife and, without in any manner limiting the foregoing, the Husband expressly
relinquishes any and all rights in the estate of the Wife and any and all right of
election to take any share of the estate of the Wife, as in intestacy, including,
without limiting the foregoing, any right of election pursuant to the provisions
of (specify state's law) or pursuant to any other law of any jurisdiction as said
laws now exist or may hereafter be amended, and any and all other right and
interest in any real or personal property of which the Wife may die seized or
possessed, and the Husband renounces and disclaims, and covenants to renounce and
disclaim (i) all interest of the Husband under any will or trust agreement
executed by the Wife prior to the execution of this Agreement and any right of the
Husband to serve as executor or trustee under any such will; (ii) all interest of
the Husband in the proceeds of any life insurance policy on the life of the Wife;
(iii) all interest of the Husband under any pension, retirement, death benefit,
stock bonus or profit-sharing plan, with respect to which the Wife was a
participant or member; and (iv) any right of the Husband under the laws or
practice of any jurisdiction to act as guardian, conservator, or committee of the
property of the Wife in the event of the incompetency of the Wife or administrator
of the estate of the Wife in the event of the death of the Wife intestate.
3. Except for the obligations, promises, and agreements herein set forth and
to be performed by the parties thereto, which are hereby expressly reserved, each
of the parties hereto and hereby, for himself and herself and for his or her legal
representatives, forever releases and discharges the other of them and his or her
heirs and legal representatives from any and all debts, sums of money, accounts,
contracts, claims, cause or causes of action, suits, dues, reckoning, bonds,
bills, specialties, convenants, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, and demands whatsoever, in
law or in equity, which each of them had, now has, or hereafter can, shall, or may
have by reason of any matter from the beginning of the world to the execution of
this Agreement.

ARTICLE XI
General Release
Except as herein to the contrary provided, the parties shall and do hereby
mutually remise, release, and forever discharge each other from any and all
actions, suits, debts, claims, demands, and obligations whatever, both in law and
in equity, which either of them ever had, now has, or may hereafter have against
the other, upon or by reason of any matter, cause, or thing to the date of the
execution of this Agreement and Stipulation of Settlement, including, but not
limited to, claims with respect to all separate and/or marital property as those
terms are defined and used in (specify state's law).

ARTICLE XII
Agreement with Respect to Matrimonial Decree

Either party shall be free at any time hereafter to institute suit for
absolute divorce against the other. The execution of this Agreement and
Stipulation of Settlement shall not be deemed to constitute a waiver or
forgiveness of any conduct on the part of either party constituting grounds for
divorce. In any such action for divorce, this Agreement and Stipulation of
Settlement shall not be merged into such judgment or decree, but shall be
incorporated into and survive same and shall be forever binding and conclusive
upon the parties.

ARTICLE XIII
Full Disclosure

Each party represents that he or she has made an independent investigation


into the complete financial circumstances of the other party and represents to the
other that he or she is fully informed of the income, assets, property, and
financial circumstances of the other party. Each party acknowledges that he or she
is aware of all the separate and/or marital property of the other party, and the
valuations thereof, as those terms are used and defined in (specify state's law),
and is satisfied that full disclosure has been made by the other party. Each party
further represents that he or she has previously and fully consulted with his or
her attorney.
The parties are acknowledging that they are entering into this Agreement and
Stipulation of Settlement freely and voluntarily; that they have ascertained and
weighed all the facts and circumstances likely to influence their judgment herein;
that they have sought and obtained legal advice independently of each other; that
they have been duly appraised of their respective legal rights; that all
provisions hereof, as well as questions pertaining hereto, have been fully and
satisfactorily explained to them; that they have given due consideration to such
provisions and questions, and that they clearly understand and accept all the
provisions hereof.
No representations or warranties have been made by either party to the
other, or by anyone else, except as expressly set forth in this Agreement and
Stipulation of Settlement, and this Agreement is not being executed in reliance
upon any representation or warranty not expressly set forth herein. Without
limiting the foregoing, no representations or warranties have been made by either
party to the other, or by anyone else in their behalf, with respect to their past,
present, or future income or assets.
The parties acknowledge that they have been advised by their respective
attorneys of their right to compel discovery and inspection of the other's books
and records, both business and personal, and of their right to have accountants,
appraisers, or others investigate, appraise, and evaluate the other's business and
property, and each has waived these rights and they have instructed their
respective attorneys not to take any further steps themselves, or through others,
in connection with discovery, inspection, investigation, appraisal, or evaluation
of the other's business or property.
ARTICLE XIV
Legal Representation

The parties represent to each other that the Wife has been represented by
(specify name and address). The Husband has been represented by (specify name and
address). Both parties represent and warrant that they have dealt with no other
attorney for which services the other is or may become liable and will indemnify
and hold the other party harmless of all loss, expenses (including reasonable
attorneys' fees) and damages in the event of a breach by one party of said
representation and warranty.
Both parties agree to pay for their own respective counsel fees and will
make no claim on the other, in whole or in part, for the payment of counsel fees.

ARTICLE XV
Notices

Notices required by this Agreement and Stipulation of Settlement to be sent


by either party shall be sufficient if sent certified or registered mail, return
receipt requested, to the other.

ARTICLE XVI
General Provisions

This Agreement and Stipulation of Settlement and all obligations and


covenants hereunder shall bind the parties hereto, their heirs, executors,
administrators, legal representatives and assigns, and shall inure to the benefit
of their respective heirs, executors, administrators, legal representatives and
assigns.
No modification, rescission, or amendment to this Agreement and Stipulation
of Settlement shall be effective unless in writing signed by both parties hereto.
This Agreement and Stipulation of Settlement and its provisions merge any
prior agreements, if any, of the parties, and is the complete and entire agreement
of the parties.
This Agreement and Stipulation of Settlement shall at all times be governed
by the laws of the State of (specify).
Each of the parties hereto, without cost to the other, shall at any time and
from time to time hereinafter, execute and deliver any and all further instruments
and assurances and perform any acts that the other party may reasonably request
for the purpose of giving full force and effect to the provisions of the
Agreement.

ARTICLE XVII
Waiver

Any Waiver by either party of any provision of this Agreement and


Stipulation of Settlement or any right or option hereunder shall not be deemed a
continuing waiver and shall not prevent or stop such party from thereafter
enforcing such provision, right, or option, and the failure of either party to
insist on any one or more instances of the strict performance of any of the terms
or provisions of this Agreement by the other party shall not be construed as a
waiver or relinquishment in the future of any such term or provision, but the same
shall continue in full force and effect.

ARTICLE XVIII
Reconciliation and Matrimonial Decrees

This Agreement and Stipulation of Settlement shall not be invalidated or


otherwise affected by a reconciliation between the parties hereto, or a resumption
of marital relations between them unless said reconciliation or said resumption is
documented by a written statement executed and acknowledged by the parties with
respect to said reconciliation and resumption and, in addition, setting forth that
they are canceling this Agreement, and this Agreement and Stipulation of
Settlement shall not be invalidated or otherwise affected by any decree or
judgment of separation or divorce made in any court in any action which may
presently exist or may hereafter be instituted by either party against the other
for a separation or divorce. Each party agrees that the provisions of this
Agreement and Stipulation of Settlement shall be submitted to any court in which
either party may seek a judgment or decree with such specificity as the court
shall deem permissible and by reference as may be appropriate under law and under
the rules of the court. However, notwithstanding such incorporation, the
obligations and covenants of this Agreement and Stipulation of Settlement shall
survive any decree or judgment of separation or divorce and shall not merge
therein, and this Agreement and Stipulation of Settlement may be enforced
independently of any such decree or judgment.

ARTICLE XIX
Implementation

The Husband and Wife shall, at any and all times, upon request by the other
party or his or her legal representatives, promptly make, execute, and deliver any
and all such other and future instruments as may be necessary or desirable for the
purpose of giving full force and effect to the provisions of this Agreement and
Stipulation of Settlement, without charge therefor.

ARTICLE XX
Entire Understanding

This Agreement and Stipulation of Settlement contains the entire


understanding of the parties, who hereby acknowledge that there have been no
representations, warranties, covenants, or undertakings other than those expressly
set forth herein. Each of the parties has read this Agreement and Stipulation of
Settlement carefully prior to signing thereof. Either party may cause this
Agreement and Stipulation of Settlement or memorandum thereof to be filed in
accordance with the laws of the State of (specify). All provisions of this
Agreement and Stipulation of Settlement shall be binding on the respective heirs,
next-of-kin, executors, administrators, and assigns of the parties hereto.

ARTICLE XXI
Default

In the event either party defaults with respect to any obligation hereunder,
the defaulting party agrees to indemnify the other against or to reimburse him or
her for any and all expenses, costs, and reasonable attorneys' fees resulting from
or made necessary by the bringing of any suit or other proceeding to enforce any
of the terms, covenants, or conditions of this Agreement and Stipulation of
Settlement to be performed or complied with by the other, provided such suit or
other proceeding results in a judgment, decree, or order in favor of the other.
For the purposes of this Agreement and Stipulation of Settlement, it is
understood and agreed that if a party shall institute a suit or other proceeding
against the other to enforce any of the terms, covenants, or conditions of this
Agreement and Stipulation of Settlement and after the institution of such action
or proceeding and before judgment is or can be rendered, the defaulting party
shall comply with such term or condition of the Agreement and Stipulation of
Settlement, then and in that event, the suit, motion, or proceeding instituted by
the party shall be deemed to have resulted in a judgment, decree, or order in
favor of the non-defaulting party.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective
hands and seals the day and year first above written.

_______________________
Name of Wife
("Wife")

________________________
Name of Husband
("Husband")
State of (specify)
County of (specify)

On the day of (date), before me personally came (name of Wife) to me


known and known to me to be the person mentioned and described in and who executed
the foregoing Agreement and Stipulation of Settlement, and she duly acknowledged
to me that she executed same.

_________________________

State of (specify)
County of (specify)

On the day of (date), before me personally came (name of Husband) to


me known and known to me to be the person mentioned and described in and who
executed the foregoing Agreement and Stipulation of Settlement, and he duly
acknowledged to me that he executed same.

_________________________

State of (specify)
County of (specify)

EXHIBIT A
List the parties' debts:

EXHIBIT B
The following items of personal property will be distributed per the
parties' prior agreement no later than seven (7) days prior to the sale of the
marital premises: