The end of a marriage is often an emotional and messy affair. On top of this, when people have to deal with the legal rigmarole of a complicated and lengthy divorce settlement agreement process, it is understandable that they are left feeling tired and overwhelmed.
People also have so many doubts regarding the divorce agreement and spend a lot of time and energy searching here and there for the answers. Just read on, This article will provide all the answers to all such commonly asked questions.
What Is a Divorce Agreement?
A divorce agreement is a formal written agreement between spouses that lists down the terms of their divorce. Once it is signed by both the husband and wife and is accepted by the court, it gets incorporated as a decree and the marriage gets dissolved legally.
This agreement also helps the couple to mutually determine how their assets and debts will get divided in the future, and who will have what responsibilities such as related to children, pets, finances, etc. It also covers points related to alimony, child support, and visitation.
You and your spouse must go over all the details, even if it is a mutual divorce agreement. This way you can move on with your life peacefully without worrying about future financial tussles and disruptions.
A divorce settlement agreement template is also alternatively referred to as a property settlement agreement (PSA), a marital settlement agreement (MSA), or a property, support, and custody agreement.
Get a Free Divorce Agreement Template Today!
Keep yourself away from future disagreement regarding financial or custody matters, you can sign a divorce agreement. With our free divorce agreement, you can rest assured no trouble will occur after you separate from each other. Click below to download and edit our free divorce agreement template.
When Do You Need a Divorce Agreement?
Nobody thinks of divorce when entering into a marriage. But if you find yourself facing one, you will benefit from a divorce settlement agreement.
People generally use it because it makes the divorce process faster as both the parties can list down and negotiate the various terms and conditions (for e.g., division of property, debts, child custody, etc.)
It is often straightforward if the couple comes to a mutual agreement about these matters and signs a divorce agreement. If that doesn’t happen, the divorce process is handled in court, each person will contest and the judge will decide on the division of finances, child custody etc.
If you and your partner can come to common terms, you can save yourself a lot of time, money, and hassle. Simply use our divorce settlement agreement template or free property settlement agreement template, fill in the details and your customized agreement will be ready for use.
What Is Included in a Divorce Agreement?
The Divorce agreement should be as thorough as possible. You should include in it everything important to you. Generally, it covers:
- Identification details: The names of husband and wife, any minor child, their lawyers (if any).
- Reason for divorce: For e.g., mention if it’s a no-fault divorce.
- Asset distribution: Make clear provisions for the assets purchased by you during the marriage as well as your previous personal assets (e.g., your investment income, real estate, business, etc.).
- Liability distribution: Clarify how you plan to pay for your joint home loan, vehicle loan, etc.
- Alimony: Be clear about who will pay the alimony, how much would it be, for how long would it need to be paid, and under what conditions can it be terminated.
- Children-related issues: This generally includes details like who will get their custody, what would be other party’s visitation rights, any child-support provided, etc.
- Other legal details: Besides the terms of your divorce, there are some legally required details as well. These could be the governing jurisdiction, signatures, date, etc.
Check out our divorce agreement samples to see the various ways to include these details. Then create your personalized document using our divorce settlement agreement template.
What Is the Difference Between a Divorce Agreement And a Separation Agreement?
Both are quite different. You should clearly understand their distinction and then choose the appropriate route for your marriage. Below, we have laid down the critical points to help you make this decision.
- Different legal marital status: When you separate, you remain married legally. Later, if you reconcile your differences, you can start living together. However if you divorce, your marriage ends in the eyes of law and you can remarry too.
- Temporary v/s Permanent nature: Often couples choose the separation route when they either see a possibility of reconciliation or they are undecided about divorce.
- Taking things to court: Unlike divorce agreements, you don’t need to file separation agreement papers in court.
- Separation of assets and liabilities: It’s possible to formally separate your financial assets, income, and liability payments via both the agreements.
- Custody matters: Both the agreements can formally address the issues related to child custody, visitation, support, etc.
- Retention of some benefits in separation: Sometimes couples choose separation over divorce so that they can still claim certain benefits from healthcare plans or joint-taxation, etc.
If you still think you want to go the divorce way, you can form your customized agreement via our divorce settlement agreement template.
Is It Possible to Modify the Divorce Agreement in the Future?
Generally it is quite difficult to modify the divorce agreement in the future. So you should take care to properly negotiate various terms with your partner and provide for the different eventualities during the drafting stage itself.
However, if you still feel the need to modify the agreement, it is much easier if your partner agrees to the changes. So negotiate with your ex. Then draft and sign an amended divorce settlement agreement and file it with the court.
On the other hand, if you are unable to come to a common ground, going to court may be your last resort.
Our divorce settlement agreement template can help you include various common terms and conditions and give your divorce agreement document a comprehensive shape in the first drafting stage itself.
Get a Free Divorce Agreement Template Today!
Keep yourself away from future disagreement regarding financial or custody matters, you can sign a divorce agreement. With our free divorce agreement, you can rest assured no trouble will occur after you separate from each other. Click below to download and edit our free divorce agreement template.
Do You Need a Lawyer to File a Divorce Agreement?
This is quite a common question as often people are wary of the cost of dealing with lawyers. The answer is that you can file for divorce in court even without a lawyer. We’ll consider two cases here:
No-Fault Divorce
This means that the divorce is mutual and no party is blaming the other. In this case, you can easily file for divorce online, on your own, and also save yourself a lot of legal fees and time.
You and your soon-to-be-ex partner can decide on the various details and use an online divorce settlement agreement template to create your document. If you want some clarity, and want to first see a divorce settlement agreement sample, you’ll find those easily too.
Fault Divorce
This is the situation when one party is blaming the other for divorce, and you cannot arrive at a common ground mutually. Here, through a divorce agreement template can still serve the purpose but we recommend you to use a lawyer.
The lawyer can help you create concrete documents and also represent you in the court. He can help you prove why your spouse was responsible for the demise of the marriage and get favorable decisions in critical matters such as alimony, child custody, etc.
What Steps Should You Follow to File a Divorce Agreement?
The process of filing a divorce agreement and getting your divorce decree is straight-forward if you and your spouse are going for a mutual no-fault divorce and have arrived at common grounds on all important matters.
Firstly, you should download the divorce forms from the website of your state government or county clerk. You can also use an online divorce settlement agreement template to create your custom divorce agreement. You’ll find such a divorce template on our website as well.
Next, you’ll have to submit all these forms and the signed agreement at the office of the county clerk and also pay the requisite filing fee. Remember that only one of you is allowed to file these documents and then this person should ‘serve’ the divorce papers to the other person.
Once this agreement is presented before a judge, he will determine whether it complies with the state laws. Then you’ll be granted your divorce decree and this legally terminates your marriage.
Get a Free Divorce Agreement Template Today!
Keep yourself away from future disagreement regarding financial or custody matters, you can sign a divorce agreement. With our free divorce agreement, you can rest assured no trouble will occur after you separate from each other. Click below to download and edit our free divorce agreement template.
Conclusion
A divorce can be a messy and costly affair even if both the parties agree. The spouses have so many loose ends to tie that it really tests one’s endurance and patience.
CocoSign’s divorce settlement agreement template can simplify the process and also save you expensive lawyer fees. If you don’t know where to start, you can refer to our divorce agreements samples which are comprehensive documents prepared by legal-experts.
We provide various types of agreements and templates on our website and take pride in making people aware of and independent in their dealings with the law.
DOCUMENT PREVIEW
DIVORCE AGREEMENT
This Divorce Agreement (this “Agreement”) is made and entered into as of this ______ day of _______________, 20______, (the “Effective Date”) by and between:
Petitioner: ________________________ [Name], residing at __________________________________ _____________________ [Address] in _____________________ County (“Petitioner”) and
Respondent: ________________________ [Name], residing at ________________________________ _____________________ [Address] in _____________________ County (“Respondent”).
WHEREAS, Petitioner and Respondent were married to each other on or about the ______ day of ___________________ [Month], _________ [Year], in _____________________ County, __________________________________________ [City/State], and;
WHEREAS, Petitioner and Respondent separated on or about the ______ day of ___________________ [Month], _________ [Year], and are currently living separate and apart; and
WHEREAS, (Check one)
☐ Both Petitioner and Respondent are currently members of the United States Armed Forces; and
☐ Petitioner is currently a member of the United States Armed Forces; and
☐ Respondent is currently a member of the United States Armed Forces; and
☐ Not applicable
WHEREAS, a full and complete financial disclosure has been made by the parties to each other of all their respective assets, both joint and separate, the accuracy and truthfulness of which forms the basis of this Agreement, and;
WHEREAS, both parties have given much thought and careful consideration to a settlement of their differences and have determined that they are irreconcilable, and;
WHEREAS, it is the desire and intention of the parties that their relations with respect to property and financial matters be finally fixed by this Agreement.
NOW THEREFORE, Petitioner and Respondent freely and fully accept the provisions, terms and conditions hereof and in consideration of the promises and mutual covenants herein contained as well as for other good and valuable considerations not herein specifically set forth, the parties do hereby agree to the following:
1. Spousal Support. It is expressly agreed by the parties herein that each party relinquishes or waives any right or interests they have had as alimony, support or maintenance from the other, except as
provided within the terms of this Agreement. This Agreement will replace any and all previous agreements between the parties which may have been entered into between said parties, and supersedes any temporary orders of any court which may be in effect.
Party to pay for spousal support (Check one)
☐ No one will pay spousal support. In consideration of the above, and having regard for the parties’ circumstances, including the duration of their marriage and the parties’ skills, the parties herein specifically waive and relinquish any right to any form of spousal support, alimony or maintenance. Neither party shall receive spousal support from the other. The parties further waive any future right to modification of spousal support of any kind, temporary, permanent, periodic, rehabilitative, lump sum or any combination or form thereof, whether that right be provided by statute or any other regulation.
☐ Respondent will pay for spousal support. Respondent shall pay: (Check one)
☐ For a number of years. Respondent shall pay support in the sum of $______________ per month beginning ____________________, 20______ and continuing to be paid on the first day of each month thereafter for a total period of __________ years. Such spousal support payments shall automatically terminate upon the final payment hereunder, Petitioner remarriage or the death of either party. The spousal support shall be taxable to Petitioner and deductible by Respondent. The spousal support shall be (Check one) ☐ modifiable ☐ non-modifiable.
☐ Until Petitioner remarries or dies. Respondent shall pay to Petitioner permanent periodic spousal support in the sum of $______________ per month beginning ____________________, 20______ and continuing to be paid on the first day of each month thereafter. Such spousal support payments shall automatically terminate upon Petitioner's remarriage or the death of either party. The spousal support shall be taxable to Petitioner and deductible by Respondent. The spousal support amount shall be (Check one) ☐ modifiable ☐ non-modifiable.
☐ Petitioner will pay for spousal support. Petitioner shall pay: (Check one)
☐ For a number of years. Petitioner shall pay support in the sum of $______________ per month beginning ____________________, 20______ and continuing to be paid on the first day of each month thereafter for a total period of __________ years. Such spousal support payments shall automatically terminate upon the final payment hereunder, Respondent remarriage or the death of either party. The spousal support shall be taxable to Respondent and deductible by Petitioner. The spousal support shall be (Check one) ☐ modifiable ☐ non-modifiable.
☐ Until Respondent remarries or dies. Petitioner shall pay to Respondent permanent periodic spousal support in the sum of $______________ per month beginning ____________________, 20______ and continuing to be paid on the first day of each month thereafter. Such spousal support payments shall automatically terminate upon Respondent 's remarriage or the death of either party. The spousal support shall be taxable to Respondent and deductible by Petitioner. The spousal support amount shall be (Check one) ☐ modifiable ☐ non-modifiable.
Life Insurance (Check one)
☐ Not applicable
☐ Respondent will pay for spousal support and carry a life insurance policy. To guarantee a portion of the spousal support, Respondent will obtain and maintain at his/her sole expense a term life insurance policy insuring his/her life in the amount of $______________ with Petitioner being the beneficiary. This policy shall be in full force and effect for: (Check one)
☐ __________ years from the execution of this Agreement, after which time Respondent shall have no further obligation to maintain such policy and may terminate such policy as deemed appropriate.
☐ As long as Respondent is obligated to pay spousal support under this Agreement, after which time Respondent shall have no further obligation to maintain such policy and may terminate such policy as deemed appropriate.
☐ Petitioner will pay for spousal support and carry a life insurance policy. To guarantee a portion of the spousal support, Petitioner will obtain and maintain at his/her sole expense a term life insurance policy insuring his/her life in the amount of $______________ with Respondent being the beneficiary. This policy shall be in full force and effect for: (Check one)
☐ __________ years from the execution of this Agreement, after which time Petitioner shall have no further obligation to maintain such policy and may terminate such policy as deemed appropriate.
☐ As long as Petitioner is obligated to pay spousal support under this Agreement, after which time Petitioner shall have no further obligation to maintain such policy and may terminate such policy as deemed appropriate.
2. Distribution of Real Property. (Check one)
☐ The parties do NOT currently own a marital home.
☐ The parties currently own the real property located at ______________________________________ (the "Marital Residence"). (Check one)
☐ Petitioner will be the sole owner. It is agreed that Respondent has vacated the Marital Residence or shall vacate the Marital Residence. It is further agreed that Petitioner shall assume sole ownership of the Marital Residence, and Respondent will transfer and release any right, title, claim or interest he/she may have in or to such Marital Residence.
☐ Respondent will be the sole owner. It is agreed that Petitioner has vacated the Marital Residence or shall vacate the Marital Residence. It is further agreed that Respondent shall assume sole ownership of the Marital Residence, and Petitioner will transfer and release any right, title, claim or interest he/she may have in or to such Marital Residence.
☐ The parties have joint ownership and Petitioner will reside in the marital home. It is agreed that the parties shall continue to own the home jointly. It is further agreed that Respondent has vacated the Marital Residence or shall vacate the Marital Residence, and Petitioner may continue to reside in the Marital Residence (Check one) ☐ for a period of time not to exceed __________ years from the date of this Agreement. At the expiration of this __________ year period, the parties agree to place the Marital Residence up for sale with a licensed real estate broker to be agreed upon by the parties ☐ indefinitely.
☐ The parties have joint ownership and Respondent will reside in the marital home. It is agreed that the parties shall continue to own the home jointly. It is further agreed that Petitioner has vacated the Marital Residence or shall vacate the Marital Residence, and Respondent may continue to reside in the Marital Residence (Check one) ☐ for a period of time not to exceed __________ years from the date of this Agreement. At the expiration of this __________ year period, the parties agree to place the Marital Residence up for sale with a licensed real estate broker to be agreed upon by the parties ☐ indefinitely.
☐ The marital home will be sold. The parties agree to place the Marital Residence up for sale with a licensed real estate broker to be agreed upon by the parties.
Net proceeds from sale of marital home
(Check one if applicable)
☐ Petitioner shall receive the net proceeds from the sale of such home.
☐ Respondent shall receive the net proceeds from the sale of such home.
☐ The net proceeds of such sale shall be divided between the parties with Petitioner receiving __________% of the net proceeds and Respondent receiving __________% of the net proceeds.
Mortgage of marital home
(Check one if applicable)
☐ Petitioner shall be solely responsible for payment of the monthly mortgage payment on the Marital Residence.
☐ Respondent shall be solely responsible for payment of the monthly mortgage payment on the Marital Residence.
☐ The parties shall share responsibility for payment of the monthly mortgage payment on the Marital Residence. Petitioner shall pay __________%of the monthly payment and Respondent shall pay __________% of the monthly payment, and each party agrees that payments shall be timely paid to the designated mortgagor.
Maintenance and repairs
(Check one if applicable)
Further, ☐ Petitioner shall be responsible for __________% and Respondent will be responsible for __________% of ☐ Petitioner shall be solely responsible ☐ Respondent shall be solely responsible for all other expenses associated with the maintenance and upkeep of the Marital Residence such as utilities, lawn care and routine repair of appliances, etc.
Major repairs
(Check one if applicable)
Any substantial repair or exterior repair such as something structural or associated with the roof maintenance shall paid ☐ __________% by Petitioner and __________% by Respondent
☐ by Petitioner ☐ by Respondent.
OTHER real property
(Fill out and check one if applicable)
The parties currently own the real property, NOT the Marital Residence, located at ________________________________________, which shall: (Check one)
☐ Become the sole property and responsibility of Petitioner.
☐ Become the sole property and responsibility of Respondent.
☐ Be placed for sale with a licensed real estate broker to be agreed upon by the parties.
Net proceeds of other real property (Check one)
☐ Petitioner shall receive the net proceeds from the sale of such property.
☐ Respondent shall receive the net proceeds from the sale of such property.
☐ The net proceeds of such sale shall be divided between the parties with Petitioner receiving __________% of the net proceeds and Respondent receiving __________% of the net proceeds.
3. Bank and Other Financial Accounts. (Check one)
☐ The parties do NOT have joint bank or other financial accounts.
☐ The parties agree to divide all bank accounts and other financial accounts as provided below:
A. Petitioner shall retain any account in his/her name as his/her sole and exclusive property.
B. Respondent shall retain any account in his/her name as his/her sole and exclusive property.
C. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate of deposit (CD) ☐ other: ________________________________ account located at ___________ ________________________________________ [Financial institution], identified by account number _______________________________ shall be: (Check one)
☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.
☐ Retained by Respondent in his/her name as his/her sole and exclusive property.
☐ Divided equally between the parties.
☐ Divided with __________% to Petitioner and __________% to Respondent.
D. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate of deposit (CD) ☐ other: ________________________________ account located at ___________ ________________________________________ [Financial institution], identified by account number _______________________________ shall be: (Check one)
☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.
☐ Retained by Respondent in his/her name as his/her sole and exclusive property.
☐ Divided equally between the parties.
☐ Divided with __________% to Petitioner and __________% to Respondent.
E. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate of deposit (CD) ☐ other: ________________________________ account located at _____________ ________________________________________ [Financial institution], identified by account number _______________________________ shall be: (Check one)
☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.
☐ Retained by Respondent in his/her name as his/her sole and exclusive property.
☐ Divided equally between the parties.
☐ Divided with __________% to Petitioner and __________% to Respondent.
F. The parties represent that there are no other joint bank or other financial accounts.
4. Personal Property. (Check one)
☐ The parties have previously distributed all of the personal property owned by them together, including household furnishings and furniture, so that at present, each party is the sole and exclusive owner of any and all personal property currently in their possession and all rights possessed by the other party in any such property is hereby and forever waived. ( ☐ A list of the personal property and furnishings distribution is attached hereto as Exhibit A.)
☐ The parties agree to divide all of the personal property owned by them together, including household furnishings and furniture, not otherwise already divided (“Marital Property”), as provided below:
A. Petitioner shall retain the following item(s) of Marital Property as his/her sole and exclusive property:
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
B. Respondent shall retain the following item(s) of Marital Property as his/her sole and exclusive property:
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
C. The following item(s) of Marital Property shall be sold, and the net profits shall be divided (Check one) ☐ equally between the parties ☐ __________% to Petitioner and __________% to Respondent:
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
- _____________________________________________________ [Item], $______________ [Value]
D. Except as otherwise set forth above, the parties shall each keep and retain sole possession and ownership of all personal property, including jewelry, they currently possess. Each party shall waive any interest in the other’s property.
E. The parties represent that there is are no other items of Marital Property to be distributed.
5. Vehicles. (Check one)
☐ There are NO vehicles to be divided.
☐ The parties agree to divide all vehicles as provided below:
A. Petitioner shall retain all of his/her right, title and interest in the following leased/owned vehicle(s):
- Make: __________________________, Model: __________________________,
Color: __________________________, Year: __________________________
- Make: __________________________, Model: __________________________,
Color: __________________________, Year: __________________________
He/she shall be solely responsible for and hold Respondent harmless from the balance of any lease/finance payments on said vehicle. Respondent shall transfer all of his right, title and interest in said vehicle, if any, to Petitioner.
B. Respondent shall retain all of his/her right, title and interest in the following leased/owned vehicle(s):
- Make: __________________________, Model: __________________________,
Color: __________________________, Year: __________________________
- Make: __________________________, Model: __________________________,
Color: __________________________, Year: __________________________
He/she shall be solely responsible for any balance of lease/finance payments on said vehicle. Petitioner shall transfer all of his/her right, title and interest, if any, in said vehicle to Respondent.
C. Each party shall be solely responsible for the expense, upkeep and maintenance, including insurance as to each vehicle he/she shall receive as a result of this section, and each shall indemnify and hold the other harmless as to any claim, demand or cause of action arising out of the use or possession of such vehicle.
6. Outstanding Debts, Charge Accounts and Credits. (Check one)
☐ Each party is responsible for his/her own debts. Each party agrees to assume any and all debts and liabilities directly related to any property transferred to him/her pursuant to this Agreement. Each party shall be solely responsible for his/her own charge accounts, debts, obligations as currently in his/her own name and fees and costs arising therefrom. Each of the parties hereto represents that he/she has not contracted and will not hereafter contract any debts, charge or liability in the name or upon the credit of the other or for which the other or the estate of the other might or could become liable and agrees.
☐ The parties agree to divide all debts and liabilities of the parties as provided below:
A. Petitioner will assume and hold harmless Respondent from the following debt(s):
- Debtor: ________________________________, Creditor: ________________________________, Description: ______________________________________________________________________, Account number: ____________________________________, Amount: $______________
- Debtor: ________________________________, Creditor: ________________________________, Description: ______________________________________________________________________, Account number: ____________________________________, Amount: $______________
B. Respondent will assume and hold harmless Petitioner from the following debt(s):
- Debtor: ________________________________, Creditor: ________________________________, Description: ______________________________________________________________________, Account number: ____________________________________, Amount: $______________
- Debtor: ________________________________, Creditor: ________________________________, Description: ______________________________________________________________________, Account number: ____________________________________, Amount: $______________
C. Except as otherwise set forth above, each party shall be solely responsible for his/her own charge accounts, debts, obligations as currently in his/her own name and fees and costs arising therefrom.
D. Each of the parties hereto represents that he/she has not contracted and will not hereafter contract any debts, charge or liability in the name or upon the credit of the other or for which the other or the estate of the other might or could become liable and agrees.
7. Pension and Retirement Plans and Annuities. (Check one)
☐ The parties will not divide interests in pension and retirement plans. Each party hereby waives and relinquishes any right he/she may have in the others retirement plan, pension plan, 401(k) plan, individual retirement account, defined contribution or benefit plan, and/or another employer-sponsored plan, if any.
☐ The parties agree to divide all retirement plans, pension plans, 401(k) plans, individual retirement accounts, defined contribution or benefit plans, or other employer-sponsored plans (“Retirement Accounts”) as provided below:
A. Petitioner has the following Retirement Accounts:
- Financial institution: ______________________________________________,
Account name: ______________________________________________,
Account number: ______________________________________________
Respondent shall have __________% of the vested interest in the above account.
- Financial institution: ______________________________________________,
Account name: ______________________________________________,
Account number: ______________________________________________
Respondent shall have __________% of the vested interest in the above account.
B. Respondent has the following Retirement Accounts:
- Financial institution: ______________________________________________,
Account name: ______________________________________________,
Account number: ______________________________________________
Petitioner shall have __________% of the vested interest in the above account.
- Financial institution: ______________________________________________,
Account name: ______________________________________________,
Account number: ______________________________________________
Petitioner shall have __________% of the vested interest in the above account.
C. Except as otherwise set forth above, each party hereby waives and relinquishes any right he/she may have in the others Retirement Accounts.
8. Income Tax. Except as set forth herein, each party shall be responsible for his/her own income tax liabilities together with interest, penalties and fees, if any and shall file individually beginning: (Check one)
☐ With the year _________________ [Year].
☐ The year the divorce decree becomes final.
Any additional tax assessments, penalties and interest to be paid on any and all prior joint income tax returns files by the parties shall be paid by (Check one) ☐ Petitioner ☐ Respondent ☐ both parties equally.
9. Former Name. (Check one)
☐ The parties will NOT get a legal name change.
☐ Petitioner shall be known by his/her former name of ________________________ and does hereby request any court considering this Agreement to order restoration of that name.
☐ Respondent shall be known by his/her former name of ________________________ and does hereby request any court considering this Agreement to order restoration of that name.
10. Waiver of Dower and Inheritance Rights. Each of the parties releases and waives any and all homestead, dower, curtesy, community property, equitable distribution and any other rights, title or interest either party has or may claim to have against the other arising out of or in any way connected to the marriage or the dissolution of the marriage. The parties acknowledge that this Agreement substantially has equitably distributed all such marital assets appropriately. Each of the parties releases and waives any and all right to receive any property or rights from the estate of the other party, unless such right is created under a will or codicil to will dated subsequent to the effective date of this Agreement.
11. Bankruptcy. The rights, obligations and responsibilities provided in this Agreement shall not be dischargeable in bankruptcy.
12. Legal Representations. Each party has had the opportunity to have independent counsel and legal advice of his/her own selection in the negotiation of this Agreement. Each party fully understands the facts and has been fully informed as to his/her legal rights and obligations.
13. Fees and Costs. Each party shall be solely responsible for his/her respective attorney’s fees and costs incurred as a result of the negotiation of this Agreement or the dissolution of marriage proceeding. However, in the event that either party shall retain or engage an attorney or attorneys to collect or enforce or protect his/her interest with respect to this Agreement, the prevailing party shall be entitled to receive payment of all costs and expenses of such collection, enforcement or protection, including reasonable attorneys' fees.
14. Full Disclosure. Each party hereby represents that there has been a full, complete, current and accurate disclosure of all financial matters by each party to the other. The parties understand that these
representations are material to this Agreement and that the other party is relying upon the representations made by them. Both parties acknowledge that this Agreement is based upon such full, complete, current and accurate disclosure. By executing this Agreement, each party acknowledges that this is a fair Agreement and it is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either.
15. Free and Voluntary Execution. The parties hereto declare that they have fully read and fully understand the provisions contained in this Agreement and believe this Agreement to be fair, just and reasonable. Each party is signing this Agreement freely and voluntarily, without undue influence, fraud, collusion or misrepresentation, and intend to be bound by it.
16. Living Apart. Upon the execution of this Agreement, the parties may and shall live separate and apart from each other the remainder of their natural lives in all respects as if and as though their said marriage had never existed and neither party shall have the right to control the personal actions or conduct of the other party, nor to interfere with the manner of living of the other as fully and to the same extent as if such party were single and unmarried, except where otherwise mandated by this Agreement.
17. Reconciliation. In the event the parties reconcile and do not live apart for any period of time, this Agreement and the obligations of the parties hereunder will remain in full force and effect unless expressly revoked or terminated by the parties in writing.
18. Further Assurances. Each party shall execute, acknowledge or deliver any instrument, paper or document, furnish any information or take such other actions as reasonably may be necessary in connection with the performance of the obligations set forth in this Agreement.
19. Modifications and Amendments. This Agreement may only be amended or modified or deemed amended or modified by an agreement in writing duly signed by the parties or by any court of competent jurisdiction.
20. No Waiver. Any non-written waiver by either party of any provision of this Agreement or any right or option hereunder shall not be controlling, nor shall it prevent such party from thereafter enforcing such provision, right or option. The failure of either party to insist in any one or more instances upon 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 for the future of any such term or provision, but the same shall continue in full force and effect.
21. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of _________________.The parties agree that in the event it shall become necessary to enforce this Agreement or any term hereof, the parties shall first attempt to mediate the issue with a certified mediator to be mutually agreeable to each. In the event that the parties are unable to mediate the issue, either party shall thereafter be free to seek the enforcement of this Agreement in the applicable court of competent jurisdiction.
22. Admissibility. This Agreement or a copy of the same may be introduced in evidence by either party to this cause, and the court is requested to make the same a part of any final order or final judgment entered in this cause. This Agreement will be construed as being jointly prepared and written by all parties hereto.
23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
24. Mutual Release. Except as provided in this Agreement, each party releases the other from all claims, demands due, debts, rights, or causes of action in contract, tort or otherwise up to the date of this Agreement.
25. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.
26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
27. Entire Agreement. This Agreement contains the entire understanding of the parties, who hereby acknowledge that there have been and are no representations, warranties, covenants, or understandings other than those expressly set forth herein.
28. Miscellaneous. ___________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
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Petitioner Signature
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Petitioner Full Name
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Respondent Signature
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Respondent Full Name
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