This Property Settlement Agreement is between a couple who has minor children and is getting a divorce. This agreement sets out the names of husband and wife and the children born of the marriage. This agreement contains vital provisions regarding child custody, visitation and payment of child support. It also sets out the real and personal property owned by the parties, bank accounts and life insurance. This Property Settlement Agreement for a couple with Children must be signed by both husband and wife in the presence of witnesses and a notary public.
MARITAL SETTLEMENT AGREEMENT WITH CHILDREN
THIS AGREEMENT (the “Agreement”) made on this ____________ day of ___________________, 20_____, by and between _________________________________________________________of ___________________________________________________________________ (the "Wife"), and ______________________________________________________________________________ of __________________________________________________________________________________ (the "Husband").
RECITALS
WHEREAS, the Wife and the Husband were married on the _______ day of ____________________, _____________________________________________ in _________________________________.
WHEREAS, there were ______ children born of the marriage, whose names and dates of birth are: ___________________________________________________________________________________________________________________________________________________________________;
WHEREAS, the Husband and Wife mutually desire to dissolve the marriage and mutually agree to live permanently separate and apart from each other;
WHEREAS, the Husband and Wife mutually desire to settle by agreement all matters regarding marital affairs, personal and real property, and finances.
THEREFORE, in consideration of the mutual promises herein contained, the Husband and Wife agree to live separately and to divide the property and finances according to the following mutually agreed upon terms and conditions:
CHILD CUSTODY
With respect to the minor children, the parties agree as follows:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
VISITATION
With respect to visitation with the children, the parties agree as follows:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Husband shall give at least thirty (30) days advance notice in writing to Wife of his intention to relocate and/or change residence. Such written notice shall provide with the intended date of change of address, the specific street, city or county, state and zip code of the intended new address.
Wife shall give at least thirty (30) days advance notice in writing to Husband of her intention to relocate and/or change residence. Such written notice shall provide with the intended date of change of address, the specific street, city or county, state and zip code of the intended new address.
CHILD SUPPORT
With respect to child support, the parties agree as follows:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
REAL ESTATE
(a) Husband shall reside at the following residence: ___________________________________________________________________________________________________________________________________________________________________.
(b) Wife shall reside at the following residence: ___________________________________________________________________________________________________________________________________________________________________.
(c) All rights, responsibilities and expenses and maintenance regarding the above residence shall be distributed as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
(d) Husband shall have the following rights of title and ownership in the family residence: ___________________________________________________________________________________________________________________________________________________________________.
(e) Wife shall have the following rights of title and ownership in the family residence:
___________________________________________________________________________________________________________________________________________________________________.
(f) Any other real property shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
PERSONAL PROPERTY
(a) The house hold goods and other equipments shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
(b) Any other personal property shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
AUTOMOBILES
(a) The automobiles shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
BANK ACCOUNTS
(a) The bank accounts shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
DEBTS
(a) The debts shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
Husband and Wife agree to pay and assume all responsibility mentioned herein. Further, Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement.
TAX LIABILITY
(a) The tax liability shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
LIFE INSURANCE
(a) The life insurance policies shall be divided between the Husband and Wife as follows:
To Husband: _____________________________________________________________________________
_____________________________________________________________________________
To Wife: _____________________________________________________________________________
_____________________________________________________________________________
Wife agrees that Husband _________shall, or _________shall not remain the beneficiary of the above mentioned insurance policies.
Husband agrees that Wife _________shall, or _________shall not remain the beneficiary of the above mentioned insurance policies.
SPOUSAL SUPPORT
Beginning on the ____________ day of __________________, 20 ____, every month, Husband shall pay to Wife spousal support in the sum of _____________________________ dollars ($______). Husband shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions: __________________________________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
Beginning on the ____________ day of __________________, 20 ____, every month, Wife shall pay to Husband spousal support in the sum of _____________________________ dollars ($______). Husband shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions: __________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
LEGAL NAME
Husband and Wife agree that upon final divorce or dissolution of the marriage, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name.
FINAL AGREEMENT
This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged.
WAIVER OF INTEREST IN PROPERTY
Except as otherwise here provided, Husband and Wife hereby relinquishes and release all statutory and common law rights which each may have or in the future may acquire to any property, real or personal, which the other now owns or may hereafter acquire and each agrees that he or she will, upon request of the other, execute and deliver such releases or assurances as may be desired by the other to indicate, demonstrate or carry-out the release and relinquishment of such interest.
EXECUTION OF DOCUMENTS
Husband and Wife agree that each will execute any necessary documents required reasonably to carry out the terms of and intent of this Agreement so as to enable either party to sell, convey, or otherwise dispose of his or her real or personal property, free of any rights or interests of the other party. Such documents may include deeds to real property, titles to automobiles, certificates of stock, certificates of deposit, deeds of trust to property owned by the other party, etc.
ACKNOWLEDGEMENT
Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement.
CHOICE OF LAW
Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the State of ______________________.
Signed and dated this __________ day of _______________________, 20_____.
________________________________ ________________________________
Wife Husband
________________________________ ________________________________
Witness Witness
________________________________ ________________________________
Witness Witness
STATE OF __________________
COUNTY OF ________________
This document was acknowledged before me on the ___________ day of ___________________, 20____________ by ________________________________________________.
[Notary Seal, if any]:
_______________________________
(Signature of Notary)
My commission expires: ___________________
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