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(Note: Although persons who are divorcing have proved that they are not compatible, sometimes they can agree on some issues and agree to dispute on others. This document prepares a pre-divorce agreement which can contain agreements regarding inheritance, child visitation, division of debts, item by item.)
[Name] of [Address], hereinafter referred to as Husband, and[Name] of [Address], hereinafter referred to as Wife, do hereby agree:
The parties were lawfully married on [Date] at [Location / County / City / State]. Difficulties have occurred between the parties, and they have agreed to live separate and apart.
The parties nevertheless desire to resolve certain issues and consequently, have entered into this agreement.
The parties have [--] children born of this marriage, named:
The parties have made a complete disclosure to one another of financial matters and each is satisfied that they have had sufficient disclosure of the parties individual and joint finances.
The parties have each been advised by advisors of their own choice regarding their legal rights and any disclosures made herein.
The husband shall assume the following debts, and hold the wife harmless from the same:
The wife shall assume the following debts, and hold the husband harmless from the same:
Neither party shall incur any further debts which may result in joint liability. In the event that either party incurs a debt on joint credit of the parties, they shall be responsible for the same.
As child support, Husband shall pay support weekly the sum of [$-------].
The Husband shall maintain health insurance for the benefit of [Name(s)].
Personal property of the parties shall be divided as follows:
The Husband shall have the following property:
The Wife shall have the following property:
property at [Address], legal description attached
If any debts are associated with the items of property divided herein, the party receiving the same shall assume the debt and hold the other party harmless from such debts.
Any property not specifically divided herein shall be subject to distribution at a later time.
The wife shall have temporary possession of the residence owned by the parties located at [Address]. Expenses related to the residence shall be borne by the parties as follows:
Husband: [--%] per cent
Wife: [--%] per cent
Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
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.
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 parties agree that this agreement is intended to be a final disposition of the matters agreed upon herein. This agreement may be introduced into evidence and incorporated in a final decree of dissolution of marriage. In the event that any disputes occur regarding this agreement the prevailing party shall be entitled to reasonable counsel fees regarding such enforcement.
This Agreement supersedes any prior written or oral agreements between the parties.
THIS IS A LEGALLY ENFORCEABLE AGREEMENT. READ CAREFULLY & OBTAIN LEGAL ADVICE BEFORE EXECUTING THIS AGREEMENT.
Witnesses as to Husband:
Witnesses as to Wife:
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]