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Termination Of Non Marital Agreement
(Comprehensive -- Long Form)
(Important: A comprehensive agreement which covers child custody, property settlement, and any debts of a couple which have cohabited together. It is the same as a property settlement agreement for those who are married.)
AGREEMENT made on [Date] by and between [Name], hereinafter referred to as "First Party" and [Name], hereinafter referred to as "Second Party", agree as follows:
The parties have cohabited together, without establishing a relationship of marriage whether statutory or by common law since [Date].
The parties are the parents of the following children:
No further children are contemplated.
The parties shall henceforth live separate and apart without interference from one another.
The parties waive any legal, equitable or statutory rights which are not set forth herein.
Other than those rights and obligations which are set forth herein, the parties herewith mutually release one another from any and all claims, demands, contracts, statutory rights or other obligations from the beginning of time to the present.
The parties waive any and all rights to participate or share in the estate of one another. Each party waives the right to act as the executor of the will or probate estate of the other party to this agreement. This waiver shall not apply as to any obligations set forth in this agreement, and either party may present a claim as a creditor or party in interest in the other's estate to the extent that those rights arise and are derived from this agreement.
The parties have incurred the following joint debts:
[Car payment; credit cards; credit union vacation loan].
The parties specifically warrant to one another that all joint debts have been disclosed.
First Party shall be solely responsible for the following debts:
Second Party shall be solely responsible for the following debts:
As to debts which either party undertakes sole responsibility, the party shall indemnify and hold the other party harmless from any and all claims related to such debt.
The following disposition is made of the joint debts of the parties:
Each party shall duly and promptly discharge their respective portion of each debt stated above.
Each party shall be liable in contribution to the other for any amounts paid under compulsion which are in excess of the agreed shares stated above.
The following property is the separate property of First Party, and Second Party waives any and all claims to such property:
First Party shall pay and hold Second Party harmless from any liabilities or claims related to the separate property above.
The following property is the separate property of Second Party, and First Party waives any and all claims to such property:
Second Party shall pay and hold First Party harmless from any liabilities or claims related to the separate property above.
The following property is the joint property of the parties:
The following disposition shall be made of the jointly held property:
[To be sold at auction; proceeds divided by 50/50 split of proceeds]
The parties warrant to one another that all jointly held property has been disclosed.
First Party and Second Party shall have joint custody of the children of this relationship. Any major decision regarding the welfare of the children shall be made by consensus. Support for the children shall be paid as follows:
Each party will contribute [$------] per month to account held in trust by [Name].
The day to day custody and visitation of the children shall be decided upon by consensus of the parties.
The parties recognize that the Courts shall have the right to modify these arrangements upon appropriate petitions.
The parties shall take income tax exemptions for the children as follows:
Dependents will be placed on the tax return of [Name].
The parties agree that in the event either party deems that there is a breach of this agreement, or that the parties cannot agree upon any issue which shall be decided by consensus, they shall first mediate the dispute before a certified family law mediator. Such mediation shall not be required in the event of an emergency in which an adjudication is required in [--] hours or less, provided that either party may object at any court proceeding to the emergency nature of the dispute.
The parties herein are making a disposition of jointly held property between co-owners and that the transactions herein are not sales for the purpose of income tax. The parties agree that the basis for tax purposes of the items is not changed by these transactions.
This agreement contains the entire agreement between the parties, and this agreement may only be altered in writing executed by the parties hereto.
Each party has had a full opportunity to consult with independent counsel in regards to this agreement.
This agreement was jointly drafted by the parties, and the principle that an agreement will be construed against the drafting party in the event of ambiguity shall not apply.
In the event of any litigation as a result of this agreement, the prevailing party shall be entitled to an award of reasonable counsel fees, including appeal and post-judgment services.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise,
(a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and
(b) the word including means including without limitation.
Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
The failure of a party to object to, or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach, or wrongful conduct until (--) days since the wrongful act or omission to act has passed.
Any provision hereof prohibited or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.
This Agreement may be executed in several counterparts and when so executed shall constitute shall constitute one agreement binding on all the parties, notwithstanding that all the parties are not signatory to the original and same counterpart.
Incorporation By Reference. All exhibits referred to in this Agreement are incorporated herein in their entirety by such reference.
All cross-references in this Agreement, unless specifically directed to another agreement or document, refer to provisions in this Agreement, and shall not be deemed to be references to any overall transaction or to any other agreements or documents.
The various headings and numbers herein and the grouping of provisions of this Agreement into separate divisions are for the purpose of convenience only and shall not be considered a part hereof. The language in all parts of this Agreement shall in all cases be construed in accordance to its fair meaning as if prepared by all parties to the Agreement and not strictly for or against any of the parties.
In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
This Agreement supersedes any prior oral agreements between the parties.
This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
Applicable Law. This Agreement shall be governed by the laws of the State of [State].
Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
[READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT].
In the event of any reconciliation of the parties, this agreement shall remain in full force and effect unless cancelled or amended in writing.
[Name] First Party
[Name] Second Party
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]