Property Settlement Agreement
Property Settlement Agreement
Property Settlement Agreement
This Property Settlement ("Agreement") is made and effective {Date on which agreement is made},
by and between {Name of Wife}("Wife") of {Name of Husband}, and {Name of Husband}
("Husband") of {Name of Wife}.
The parties were married on {Date of marriage} in {Location of marriage}, and have since that time
been and are now by law Husband and Wife.
The parties have minor children. The children's names and ages are: {Name and age of children}.
It is the desire of the parties by execution of this Agreement, to fully and for all time settle and
determine the property rights of the parties, all rights of support and maintenance, all rights and
claims arising out of the marriage relationship including dower, curtsey, maintenance, inheritance
and homestead, together with any and all other rights existing between the parties or claims one
against the other, arising out of the marriage relationship of the termination of said relationship, or
otherwise, independent and regardless of the circumstances
THEREFORE, each of the parties hereto, in consideration of the mutual promises, covenants and
promises to enter into and abide by this agreement.
The parties shall have join care, custody and control of their minor children with primary residence
beginning with the wife but it being understood that the husband shall be given primary residency
rights for the children for some reasonable time prior to the children reaching their majority.
It shall be the mutual responsibility of Husband and Wife to arrange for the transportation of a child
for visitation rights to the non-primary residence parent. Each party shall give the other at least 48
hours’ notice if he or she does not intend to exercise his or her rights to visitation on a particular
occasion.
Each of the parties shall supply the other with his or her current address and telephone number and
hall advise the other of any changes which may occur and shall keep the other advised as to the
hereabouts of the minor children.
Under the above-described residential custodial arrangement, the Custodial Parent shall have the
primary daily responsibility for the guidance and upbringing of the minor children while the minor
children are in the Custodial Parent's residence. Both parties have the right to participate with the
other in affecting a child including, but not exclusively limited to, authorization for major medical,
mental, institutional, psychiatric, or other cares, schooling and educational placement, to inspect
and receive records, and to inspect and receive medical records. Such decisions shall be made only
after prior consultation with the other party.
Child Support
During the period in which a minor child resides with one party, the other party ("Support Payer")
shall pay the monthly sum of {Amount to be paid for supporting the child} not later than the 10th
day of each month for which support is due. Such obligations with respect to a minor child shall
cease as to that child uponsuch child experiencing any of the following events:
Death; Marriage; Becoming self-supporting; Ceasing any residence with the primary custodial
parent; Dropping out of school; on their 18th birthday.
If the Support Payer has his or her financial situation impacted such as a loss of employment,
reduction in pay, disability, or other such thing, the Support Payer may either negotiate a reduced
sum with the other parent or use Court guidelines as to what sums are appropriate to pay based on
their last year's tax return.
Each party shall maintain life insurance of at least {Minimum insurance amount to be maintained
for child} in favour of the other as long as one child is less than 16 years old. Upon their 16th
birthday, with only two years of child support to go, both parties may cease to pay for this life
insurance. If the life insurance is not available upon the time of death, prior to the 16th birthday,
then the other party shall have a claim against the estate of the Support Payer for any deficiency.
Change of Residence.
The residence of a minor child subject to this Agreement shall not be changed without the written
agreement of the other parent or by Court order.
Consultation.
Each of the parties shall keep the other informed on all matters relating to the health, education and
welfare and other matters which shall be the subject of consultation between the parties: school
work, activities, schedules, and such things.
A.{Name of insurance co. paying the medical and dental insurance} shall maintain for the benefit of
each minor child, medical insurance benefits. All medical and dental expenses and costs not
covered by the above described insurance for the benefit of a minor child shall be paid by the
parties as follows: {Name of medical and dental expenses payer}. This provision shall include, but
not be limited to, all medical and dental costs and expenses not covered under said insurance
overage, all medical and dental costs which are applied to insurance deductibles and all medical and
dental costs remaining after insurance has paid the covered portion of each claim.
The obligations to provide medical insurance for the benefit of a minor child shall be null and void
at such time as the child is no longer an insured party under the medical insurance policy by reason
of a change in the subject child's age, residency, student or marital status.
Alimony.
Periodic Payments.
A.{Name of Maintenance payer}("Maintenance Payer") shall pay to the other party, and the other
party agrees to accept, in complete satisfaction of any claim which may now or hereafter be made
for alimony, support or maintenance, the sum of {Amount to be paid by maintenance payer} per
month for {Number of months for which maintenance amount will be paid} months when it shall
cease forever. The foregoing maintenance payments shall cease upon the first happening of one of
the following events: 1. Death of either party;
2. Remarriage or cohabitation (defined broadly) of the party entitled to receive the maintenance
payments.
B. For purposes of this Agreement, cohabitation means living in a residential, conjugal relationship
with another person for a substantially consecutive period of 30 days.
Division of Property.
Wife shall have as her sole and separate personal property, free and clear of all right, title, claim or
interest of Husband, all of the following household goods, personal property, furnishings and
household appliances: {Which household assets will be given to the husband?}.
Husband shall have as his sole and separate property, free and clear of all right, title, claim or
interest for life, all of the following household goods, personal property, furnishings and household
appliances: {Which household assets will be given to the wife?}.
All of the personal property and effects transferred to a party hereunder and presently in the
possession of the other party shall be removed within ten (10) days of the execution of this
Agreement.
Automobiles.
Wife shall have as her sole and separate property the following vehicle(s): {Which vehicle/s will be
given to the husband?} free and clear of all right, title, claim or interest of Husband, subject to any
encumbrance thereon.
Husband shall have as his sole and separate property the following vehicle(s): {Which vehicle/s will
be given to the wife}, free and clear of all right, title, claim or interest of Wife, subject to any
encumbrance thereon.
Real Estate.
The following described real estate shall be transferred to Wife free and clear of all right, title,
claim of Husband: {Which property will be given to the husband?}.
The following described real estate shall be transferred to Husband free and clear of all right, title,
claim of Wife: {Which property will be given to the wife?}.
Except as specifically provided herein, any property set aside to a party hereunder, whether real or
personal, is accepted subject to existing encumbrances which that party assumes and agrees to pay.
Both Husband and Wife herein state and contract their agreement, each to the other, whereby the
party receiving property subject to encumbrance hereby indemnifies the transferring party from any
and all liability which such transferring party may suffer as a result of any default upon the
encumbrance obligation.
Miscellaneous Provisions
Debts.
Husband and Wife shall be individually responsible for any debts or bills incurred by either of them
individually after the date of this Agreement. Each party specifically agrees to indemnify and hold
harmless the other party from any loss, claim, and suit of law and/or judgment which the other party
might suffer by reason of the responsible party failing to meet his or her obligations as stated herein.
Credit Cards.
The parties specifically agree that upon the execution of this Agreement, all credit cards and charge
cards on the possession or control of one party for which the other party is primarily liable shall be
returned to the party with primary liability. In the event the parties have any credit cards or charge
cards for which they are jointly liable, such cards will be promptly canceled. Nothing in this
Agreement shall prevent either party from keeping or using credit cards or charge cards for which
he or she is solely liable.
Submission to Court.
In the event a petition for divorce, separate maintenance or annulment comes before a court of
appropriate jurisdiction for trial or other disposition, this Agreement may be submitted to the Court
for such action as the Court may determine proper.
Maintenance.
In the event that this Agreement is submitted to a court as aforesaid and is by such court accepted
and incorporated into a decree of divorce, separate maintenance or annulment, all sums to be paid as
support maintenance hereunder shall be made in cash or by check or money order payable to the
other party.
Execution of Instruments.
Each of the parties agrees that at any time reasonably requested, he or she shall make, execute and
deliver to the other any and all deeds of conveyance, bills of sale, titles, tax exemption declarations
or any other instrument which may be necessary to carry out the terms of this Agreement or to
reflect the agreement of the parses.
Agreement Absolute.
This Agreement is absolute and irrevocable and, therefore, is not conditioned upon the parties
hereto being divorced or upon court approval. It is by the parties agreed that this Agreement shall be
considered to be contractual between them and binding as such upon the parties, their executors,
administrators, heirs, devisees, beneficiaries, assigns and other legal representatives.
Each of the parties acknowledges that this Agreement, as to each of its provisions, has been made of
his or her free will and volition and further acknowledges that no coercion, force, pressure or undue
influence has been used or exerted by or against the other party.
The parties declare that each has had the independent advice of his or her own counsel, or has
rejected such counsel, and that each disclosed to such counsel and/or to the other party the full
extent and nature of his or her assets, liabilities, income and expenses.
Applicable Law.
The parties agree that this Agreement shall be construed enforced according to the laws of the State
of {In which state is this agreement being filed?}.
Court Costs.
Attorney's Fees.
The parties shall be responsible for their own attorney's fees. Except as otherwise expressly agreed
or ordered by the Court, each party shall be responsible for all other of his or her own individual
attorney's fees, incurred on the negotiation of this Agreement or any enforcement or edification of
this Agreement in the future.
Waiver.
Each of the parties waives the right of appeal of judgment of divorce, which may be granted in any
action in which this Agreement is submitted to the Court and approved in its entirety.
In consideration of the mutual release contained in this Section, each of the parties hereby releases
the other party and his or her respective legal representatives, successors and assigns, from any
claim of any individual, and specifically relinquishes any right, title or interest in or to any of the
earnings, accumulations, future investments, money or property of the other, any rights of
inheritance in the estate of the other, which either may have heretofore, may now or may hereafter
have, except as otherwise provided in this agreement, any rights to elect to take against the will of
the other, any rights to act as executor or administrator of the will or estate of the other, any rights
to receive any allowance from the estate of the other, any additional right which either party has or
may have by reason of their marriage, including dower.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement upon the date first
above written.
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