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THIS AGREEMENT entered into this [Date], by and between [Name] of [Address], hereinafter referred to as "Husband", and [Name] of [Address], hereinafter referred to as "Wife":
WHEREAS, certain differences have arisen between the parties which appear to be irreconcilable and there is now pending in the [County Court] case [Number], a suit for divorce between the parties being [Name] vs. [Name] and;
WHEREAS, the parties desire to agree upon and fix their rights and duties regarding their respective estates, child custody, and support, and any and all matters concerning their respective rights and duties by reason of the marital relationship.
NOW THEREFORE, in settlement, adjustment, and compromise of all property rights and questions and all matters arising by reason of the marital relationship and in consideration of the mutual promises and covenants hereinafter set forth, the parties hereby agree and covenant as follows:
SOLE CUSTODY. The Wife shall have sole custody of the parties minor child, [Name]. However, Husband shall have reasonable visitation privileges with said minor child provided he gives Wife twenty-four hours notice of his desire to exercise said visitation privileges.
VISITATION. Visitation with the Husband shall be as follows: alternating weekends from [time a.m./p.m.] Friday to [time a.m./p.m.] Sunday, every Wednesday from [time a.m./p.m.] to[time a.m./p.m.], alternating holidays including New Years, Easter Sunday, [other] at [time a.m./p.m.] on the eve of the holiday and end at [time a.m./p.m.] on the date of the holiday. Each parent shall have the child one week before Christmas until [time a.m./p.m.] Christmas Eve with the other parent having the child from [time a.m./p.m.] Christmas Eve until one week thereafter, alternating year to year with the non-custodial parent having the child before Christmas in [year]. The parties shall share birthdays of the child and the child shall be with the mother on Mother's Day and the father on Father's Day.
CHILD SUPPORT PAYMENTS. To assist with the care, support, and maintenance of the parties' minor child, Husband shall pay direct to Wife the sum of [$------] per month commencing the month after the final hearing of this matter and each month thereafter. [alternatively] The Husband, shall pay the sum of [$------] per month commencing the month after the final hearing of this matter and each month thereafter for child support. Child support is based upon the Husband's average salary of [$------] per month. The Husband's employer is [Name of employer]. The Husband has an affirmative duty and shall advise the [Name] Court of any change in his employer. The address and social security number of the parties is as follows:
ACKNOWLEDGMENT OF CHILD SUPPORT LAW. The parties to this agreement certify that the child support indicated hereinabove was approved and complies with the Australian Child Support Agency and further adheres to child support guidelines. In addition, the parties affirmatively acknowledge that no action by the parties will be effective to reduce child support after the due date of each payment, and they understand that Court approval must be obtained before child support can be reduced unless such payments are automatically reduced or terminated under the terms of this agreement.
CHILD SUPPORT MEDICAL REQUIREMENTS. Husband shall maintain and provide medical, dental (including orthodontist), and hospitalization insurance for the minor child of the parties and said insurance shall be maintained until said child(ren) reach(es) the age of eighteen or for so long as she remains dependent of the parties, whichever last occurs. The Husband shall pay all medical, dental (including orthodontist), psychiatric, and hospital costs not covered by such insurance.
CHILD'S COLLEGE REQUIREMENTS. Husband shall pay one-half the costs of acivity fees, lab fees, books, tuition, room, and board for four years of college education for the child not to exceed the comparable costs of a like education at the University of [Name] at the time of the child's attendance when she is eighteen.
REAL ESTATE PROPERTY - WIFE. The real property of the parties owned by the parties as tenants by the entireties, being the former home of the parties located at [address] shall hereinafter become the sole and exclusive property of the Wife, free and clear from any claim of any nature whatsoever by the Husband. Within thirty (30) days of the final decree of divorce, Husband will quitclaim to Wife all of his right, title, and interest in and to said property, and said property shall be the sole and exclusive property of Wife, free and clear of any claim of any nature whatsoever by Husband. If necessary, any final decree of divorce entered into on behalf of either party shall contain a property description of said property, with the further provision that all of Husband's interest in said property is conveyed to Wife, pursuant to the terms of this agreement. Wife agrees that she will hereinafter hold Husband harmless from all mortgage indebtedness or other indebtedness against said property. The Parties agree that the approximate equity interest in this real property is [$------] and will become the sole property of the Wife.
HUSBAND'S VEHICLE. Title to a certain [Name and type] automobile shall be vested in the Husband, who shall assume all liabilities and indebtedness thereon and hold Wife harmless on same. The Husband shall retain said vehicle free and clear from any claim of any nature whatsoever by the Wife, but with the further understanding that the Husband shall be solely responsible for the repayment of any mortgage indebtedness or other debt that might exist against said vehicle, and shall hold the Wife harmless from any responsibility therefor.
WIFE'S VEHICLE. Title to a certain [Name and type] automobile shall be vested in the Wife, who shall assume all liabilities and indebtedness thereon and hold Husband harmless on same. The Wife shall retain said vehicle free and clear from any claim of any nature whatsoever by the Husband, but with the further understanding that the Wife shall be solely responsible for the repayment of any mortgage indebtedness or other debt that might exist against said vehicle, and shall hold the opposite party harmless from any responsibility therefor.
PERSONALTY. All title to property presently in the separate possession of each of the parties shall be vested separately in each of the parties.
JOINT PERSONALTY. All title to property presently in the joint possession of the parties shall be vested separately in each of the parties as shown in Exhibit A of this Agreement.
DEBTS. Each party shall pay all debts and obligations that he or she has incurred independently and shall hold the other party harmless thereon. The joint debts and obligations of the parties shall be the sole debts of the party listed below.
American Express Husband
REHABILITATIVE ALIMONY. Husband shall pay to the Wife the sum of [$------] rehabilitative alimony per week for a period of five years after the final hearing of this cause and each week thereafter.
ALIMONY IN SOLIDO. Husband shall pay to the Wife a lump sum of [$------] representing alimony in solido within 30 days of the final hearing of this cause
PERMANENT ALIMONY. Husband shall pay to the Wife the sum of [$------] permanent alimony per month commencing the month after the final hearing of this cause and each month thereafter until the death or remarriage of the Wife. The Wife shall advise the Husband of any remarriage within [--] days of said remarriage.
TEMPORARY ALIMONY. Pending the final hearing of this cause, the Husband shall pay directly to the Wife temporary alimony in the sum of [$------] commencing the month after the signing of this agreement and each month thereafter until the final hearing of this cause.
LIFE INSURANCE - TRUST. The Husband agrees that he will obtain life insurance on his life until the child reaches 18 and has graduated from high school or remain dependents of the Parties, whichever last occurs in order to insure his obligation for the payment of the the child's needs. The Husband shall maintain a life insurance policy on Husband's life in the minimum face amount of [$------] with Wife in Trust designated as the sole beneficiary thereon. The Trust shall be designated as the owner of this policy and Husband shall provide the Trustee proof on an annual basis of the existence of said coverage with said proof to be shown to the Trustee no later than January 31st of each year. The Trust agreement is attached hereto as Exhibit A.
LIFE INSURANCE - HUSBAND. The Husband agrees that he will obtain life insurance on his life in the minimum face amount of [$------] with the Wife designated as the sole beneficiary for the benefit of the child until the child reaches 18 and has graduated from high school or remains dependent of the Parties, whichever last occurs, in order to insure his obligation for the payment of the child support and maintenance of the medical and dental insurance coverage and medical and dental expenses for the children. The Husband shall provide Wife proof on an annual basis of the existence of said coverage with said proof to be shown to the Wife no later than [Date] of each year.
TAX DEDUCTIONS. The Wife shall claim the minor child as an exemption on her tax return and the Husband shall execute all necessary IRS documents to accomplish said deductions.
COURT COSTS. Husband shall be responsible for the payment of the balance of any court costs necessitated by either party obtaining a divorce pursuant to the terms and conditions of this agreement; however, it is agreed by the parties that any advanced filing fee paid by either party as may be applied to the court costs, shall be applied to the court costs and not refunded.
TEMPORARY CHILD SUPPORT. Pending the final hearing of this cause, the Husband shall pay directly to the Wife to assist with the care, support, and maintenance of the parties minor child the sum of [$------] per month commencing the month after the signing of this agreement and each month thereafter until the final hearing of this matter.
SUPERANUTION BENEFITS. One-half of the present value of Husband's superanuation benefits at [Name of Employer] shall be vested in the Wife by the entry of [state] as deemed necessary.
ATTORNEY FEES. Each party shall pay their own attorney fees incurred in connection with this proceeding.
FULL KNOWLEDGE. The parties hereto agree and acknowledge that this agreement is entered into by each of them with full knowledge on the part of each of them to the extent and probable value of all property and estate of the parties jointly and personally. Each of the parties hereby forever releases and surrenders all of his or her right, title and interest, marital and otherwise in and to all of the estate whether real, personal, tangible, or mixed now owned or hereinafter acquired of or by the other party except as he or she may be bound by the promises and covenants contained in this agreement.
FINAL DECREE. The parties agree this Marital Dissolution Agreement, subject to Court approval, shall be incorporated in and made a part of any Decree of Divorce which may be entered hereafter.
DISSIPATION OF PROPERTY. The parties agree that they will not remove, sell, mortgage, or in any manner dissipate, or damage the real or personal property of the other party located in the homeplace or otherwise, either held jointly or severally, pending a final hearing for divorce.
COOPERATION. Each party, at the request of the other, will execute and deliver all documents which may be reasonably necessary to give full effect to this agreement.
BREACH AND WAIVER. Should either party incur any expense or legal fees as a result of the breach of any portion of this Marital Dissolution Agreement by the other party, the Court shall award reasonable attorney's fees and suit expenses to the non-defaulting party which are reasonably incurred. No breach, waiver, or default of any of the terms of this agreement shall constitute a waiver of any subsequent breach or default of any of the terms of agreement.
SEVERABILITY. Should any Court hold that any portion of this agreement is invalid, the remainder shall be in full force and effect, and the invalid portion shall be struck from the agreement or modified as the Court shall order.
REPRESENTATIONS. Each party acknowledges that this agreement has been entered into of his or her volition with full knowledge and information including tax consequences. In some instances, it represented a compromise of disputed issues. Each believes the terms and conditions to be fair and reasonable under the circumstances. No coercion or undue influence has been used by or against either party in making this agreement. Each party acknowledges that no representations of any kind have been made to him or her as an inducement to enter into this agreement other than the representations set forth herein.
MODIFICATIONS. A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. Failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
NO HARASSMENT. Both parties agree not to molest, harass, interfere with, or impose any restraint upon the other, except as set out in this agreement.
TAXES. If in connection with any joint Federal Income Tax Returns heretofore filed by the parties, there is a deficiency assessment, the amount ultimately determined to be due thereon shall be borne by either or both the parties, depending on whether the deficiency arose out of the individual income, deduction, or mis-reporting of one or the other parties, (and if so, to that extent), or out of a joint income deduction. Husband and Wife each represents and warrants to the other that all Federal Income Tax Returns during the marriage are, in all respects, true, correct, and complete, and fully and accurately reflect the income and deductions of each party for those years.
INTERPRETATION. 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.
ADVICE OF LEGAL COUNSEL. 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.
INVALID PROVISIONS. 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.
FURTHER ASSURANCES. 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.
NO REPRESENTATIONS. 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.
NOTICES. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with U.S. Mail. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the [Husband]:
[city, state, zip]
If to the [Wife]:
[city, state, zip]
All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; (--) business days after deposit in U.S. Mail, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
COURT APPROVAL. Both parties understand and agree that this agreement and all of the matters and things contained therein shall at all times be interpreted in accordance with the laws of the State of Tennessee. Both parties further agree that in the event that either party should obtain a divorce from the other party, that this agreement will be submitted to the Court hearing the divorce, and with the request that the agreement be approved and ratified by the Court, and made a part of the Final Decree of divorce as may be awarded to either party.
FULL AND FINAL SETTLEMENT. The parties hereto, exclusive of the terms and provisions of this instrument, each waive all right, title, and interest, cohate and inchoate, in and to the property and estate of the other by way of expectancy or reversion or otherwise including marital, insurance, contractual and all other rights by way of dower, homestead exemption, alimony, or otherwise, in present or in expectancy as to any and all property and estate of the other, and each of the parties does hereby release and discharge the other from any and all control, claims, demands, actions or causes of action, except as to the obligations imposed by this instrument or by the Court's decree, this being intended as full, final, and complete settlement of the property, marital, and other rights of the parties hereto.
ENTIRE AGREEMENT. This agreement contains the entire understanding and agreement between the parties. There are no representations, warranties, covenants, or undertakings other than those expressly set forth herein and each party enters into this contract volunact voluntarily, advisedly, and with full knowledge of the financial condition, nature, character, and value of the other's estate. The law of the State of [State] shall govern this agreement in all respects.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
The above parties known to us personally or proved to us by presentation of valid identification, signed and published the above as their "Divorce [Marital Dissolution] Agreement", in our presence. At his request, we have signed our Names and written our addresses on this agreement as witness this [Day] of [Month] of [Year].
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]