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[Comprehensive -- long form]
[Name], referred to herein as HUSBAND and [Name], referred to as WIFE, agree:
The parties were lawfully married on [Date] at ____________, 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 $------- (& no/100 dollars).
The HUSBAND shall maintain health insurance for the benefit of [------].
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
Arbitration. 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.
Severability. 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.
Breach and Waiver. Should either party incur any expense or legal fees as a result of the breach of any portion of this Divorce 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.
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.
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 in the United States Postal Service. 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:
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.
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 [----]. 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.
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 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 AND OBTAIN LEGAL ADVICE BEFORE EXECUTING THIS AGREEMENT.
Witnesses as to HUSBAND:
Witnesses as to WIFE: