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Virginia nt Agreement 11 purposes stated. ____________________ (signature) Notary Public, for the County of ____________________ State of _________________________ My Commission expires ____________________ Marital Settlemelly came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the____________________________ [Witness signature] Marital Settlement Agreement 10 State of ________________ SS. County of ______________ On ____________________, 20 ___, ____________________ persona______ [Wife's signature] [Witness signature] _____________________________ [Witness signature] _____________________________ _____________________________ [Husband's signature] [Witness signature] _ executors, administrators, successors in interest, and representatives of each of us. Signed and dated this day ___ of _______________ , 20___. _____________________________ _______________________ement should be interpreted and governed by the laws of the State of __________________________. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns,ll of the terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agrems of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out aents which are attached and incorporated by reference. We each understand that we have the right to representation by separate lawyers. We each fully understand our rights and we each consider the terve prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statem judgment for divorce or dissolution of marriage and that, by the terms of the judgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement survive. We ha [Desired name] 12. We both desire that, in the event of our divorce or dissolution of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or_____. [Desired name] Marital Settlement Agreement 9 We both also agree that, in the event of divorce or dissolution of marriage, our child[ren] will be known by the last name of _________________.tax exemption for our child[ren]. 11. We both agree that, in the event of divorce or dissolution of marriage, the Wife desires to and shall have the right to be known by the name of _______________________. [Use if necessary:] We both agree to file a joint income tax return for the current year. [Use if you have children:] We also agree that the___________________ may claim the federal dependency cessary tax returns. We also agree that any tax refunds for the current year will be the property of the _______________and that any taxes due for the current tax year will be paid by the ____________red by such insurance. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. 10. We both agree that we will cooperate in the filing of any nehealth, dental, and hospitalization insurance for the child[ren]'s benefit, pay any required deductible amount, and pay for any necessary medical or dental expenses of the child[ren] that are not coveill provide the other parent with annual proof of such coverage. 9. As additional child support, we both agree that as long as support payments are due the __________ will carry and maintain adequate due the _________ will carry and maintain life insurance in the amount of $ _____________, naming our child[ren] as sole irrevocable beneficiary[ies]. The parent obligated to provide such insurance w in obtaining any necessary income withholding orders or income assignments if required to guarantee this obligation. 8. As additional child support, we both agree that as long as support payments aretion, that such payments be made directly through a court or state agency or official in the future. We both further agree that, in the event of a divorce or dissolution of marriage, we will cooperateuld not be required to be paid through any court or state agency or official. The parent receiving the payments, however, does not waive the right to request, at any time and in his or her sole discreolding orders or income assignments if required to guarantee this obligation. [Or:] We agree that the required child support payments should be made directly to the parent to whom they are due and shohe laws of this state to receive and disburse such payments. We both further agree that, in the event of a divorce or dissolution of marriage, we will cooperate in obtaining any necessary income withhue. However, in the event of a divorce or dissolution of marriage, we agree that the required child support payments are to be paid directly to the court or state official or agency so designated by to notify the other parent immediately of any salary or income increase. [Choose one: Either:] We agree that the required child support payments should be made directly to the parent to whom they are dor income increase in the future, the amount of child support due per child per month Marital Settlement Agreement 8 shall be increased proportionately. The parent obligated to pay support agrees tupporting, or married. We both agree that this obligation is subject to modification by a court at any time. We both further agree that should the parent obligated to pay the support receive a salary total monthly payment of $_______. The payments will begin on the ____ day of _____________, 20 _ and will continue for each child until that child has reached the age of majority, died, become self-sents throughout their entire childhood. 7. We both agree that the __________________________ will pay to the _____________, for child support, the amount of $ _____________ per child per month, for a ____________________________________________________ We additionally agree to use our very best efforts to insure that our child[ren] receive the most care, love, and affection possible from both parear: _______________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________ _______________________________________________________________________ _______________________________________________________________________ (E). For the following vacation periods each y_________________________________________________ (D). On the following dates and times during each [or every other] week: ____________ _______________________________________________________________ry other] weekend:_______________ _______________________________________________________________________ _______________________________________________________________________ __________________________ _______________________________________________________________________ _______________________________________________________________________ (C). On the following dates and times each [or eve_________________________________________________ (B). On the following holidays during odd-numbered years: _______________________ ___________________________________________________________________red years: ______________________ _______________________________________________________________________ _______________________________________________________________________ ______________________Agreement 7 that does not live in the primary physical residence of the child[ren] will have the right to be with our child[ren] at least as follows: (A). On the following holidays during even-numbee parent that does not have physical custody and that our child[ren] may visit that parent as often as may be agreed upon. Although contact may be scheduled more often, the parent Marital Settlement ssion of the other parent. We both realize that the well-being of our child[ren] is of paramount importance and, therefore, we agree that our child[ren] should have as much contact as possible with thcontinuing contact with both parents is vital to our child[ren], and therefore we both agree that neither of us will permanently remove our child[ren] from this state without the express written permi continuing relationship between our child[ren] and the other parent. We both agree that our child[ren] will be known by the last name of ____________________________. We both agree that frequent and ons that affect our child[ren] and that each of us has the right to any medical, dental, or school records of our child[ren]. Neither of us will do anything to hamper or interfere with the natural andny of the decisions affecting our child[ren], we will jointly seek professional mediation to resolve our differences. We also agree that each of us has the right to know of any circumstances or decisihave control over the minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree that if, after reasonable attempts, we are unable to reach an agreement on aious training, medical and dental care, and welfare of our child[ren] will be decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall ild[ren] may be changed at any time as we may mutually agree. All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religat the home of the __________ be the primary residence of the child[ren]. We acknowledge that our child[ren] presently live[s] with the _______________ and that the actual physical residence of our ch both agree that it is in the best interests of our child[ren] that we both have joint legal and physical custody of our child[ren]. We also agree that it is in the best interests of our child[ren] th______ We additionally agree to use our very best efforts to insure that our child[ren] receive the most care, love, and affection possible from both parents throughout their entire childhood. [or] We______________________________________________________________ _______________________________________________________________________ ___________________________________________________________________ _______________________________________________________________________ Marital Settlement Agreement 6 (E). For the following vacation periods each year: ______________________________ _________s and times during each [or every other] week: ___________ _______________________________________________________________________ _________________________________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (D). On the following date _______________________________________________________________________ (C). On the following dates and times each [or every other] weekend ______________ ___________________________________________idays during odd-numbered years: _______________________ _______________________________________________________________________ ____________________________________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (B). On the following hol custody will have the right to be with our child[ren] at least as follows: (A). On the following holidays during even-numbered years: ______________________ __________________________________________hat does not have physical custody and that our child[ren] may visit that parent as often as may be agreed upon. Although visitation may be scheduled more often, the parent that does not have physicalhe other parent. We both realize that the well-being of our child[ren] is of paramount importance and, therefore, we agree that our child[ren] should have as much contact as possible with the parent ts the right to any medical, dental, or school records of our child[ren]. Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our child[ren] and t jointly seek professional mediation to resolve our differences. We also agree that each of us has the right to know of any circumstances or decisions that affect our child[ren] and that each of us hacting the child, including any medical or dental emergencies. We agree that if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our child[ren], we willf our child[ren] will be decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over the minor day-to-day decisions affed at any time as we may mutually agree. All decisions pertaining to the education, discipline, health, extracurricular and summer activities, religious training, medical and dental care, and welfare otody of our child[ren]. We acknowledge that our child[ren] presently live[s] with the _________ and that the actual Marital Settlement Agreement 5 physical residence of our child[ren] may be changeinterests of our child[ren] that we both have joint legal custody of our child[ren]. We also agree that it is in the best interests of our child[ren] that the __________________ have sole physical cus major decisions regarding the care and up-bringing of our child[ren], but that the other parent should have the right to be notified of any major decisions. [or] We both agree that it is in the best ____________________ We agree that our child[ren]'s time with either of us should not interfere with attendance at school. We also agree that the parent with custody should have the right to make the____ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________________ (E). For the following vacation periods each year: _____________________________________________ (D). On the following dates and times during each [or every other] week: ____________ _______________________________________________________________________ _________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________________ (C). On the following dates and times each [or every other] weekend:_________________________________ (B). On the following holidays during odd-numbered years: _______________________ _______________________________________________________________________ _____________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________future we are unable to agree upon visitation, the _______________will have the right to be with our child[ren] as follows: (A). On the following holidays during even-numbered years: _________________lso agree that the other parent has the right to be with our child[ren] on a frequent and liberal basis through reasonable visitation, at such times as we and the child[ren] can agree upon. If in the ettlement Agreement 4 We both agree that it is in the best interests of our child[ren] that the _________________________ have sole physical and legal custody of our child[ren]. We _______________ ay should have the right to make the major decisions regarding the care and up-bringing of the child[ren], but that the other parent has the right to be notified of any major decisions. [or] Marital Says, and during the child[ren]'s school vacations. We agree that our child[ren]'s time with either of us should not interfere with their attendance at school. We also agree that the parent with custodl basis through reasonable visitation, at such times as we and the child[ren] can agree upon. We agree that we will share as equally as possible the right to be with our child[ren] on holidays, birthdour child[ren] that the ___________________ have sole physical and legal custody of our child[ren]. We also agree that the other parent has the right to be with our child[ren] on a frequent and libera sole beneficiary of this policy. The spouse obligated to provide such insurance will provide the other spouse with annual proof of such coverage. 6. We both agree that it is in the best interests of _________is currently insured by___________________ in the amount of $ ______ and agrees to keep this policy in full force until death. We agree that the ____________shall be designated as irrevocable on or before the ___day of ______________, 20___. 5. We both agree that neither of us shall remain as the beneficiary on any life insurance policy carried by the other. [or] The life of the _________. [or] We both agree that in full payment of any claims or rights to alimony, spousal support, or maintenance, the ____________________shall pay to the _____________ the sum of $ , which shall be paid the amount and the duration of the payments not _______________ be modified by a court in the future. We also both agree that these payments should be made directly to the spouse to whom they are duee on the ___ day of each month. The first payment will be due on the ___ day of ______________, 20___, and the payments shall continue until the first of the following occurrences: We both intend thate to alimony, maintenance, or spousal support. [or] We both agree that, as alimony and maintenance, the ___________________ shall pay to the _________ the sum of $ __________________ per month, payablts or claims that we may have now or in the future to receive alimony, maintenance, or spousal support from the other. We both fully understand that we are forever giving up any rights that we may havs for which the other may be liable. Marital Settlement Agreement 3 4. After careful consideration of our circumstances and all of the other terms of this agreement, we both agree to waive any righ___________________ ____________________________________________________________ ____________________________________________________________ We also agree not to incur any further debts or obligation____________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________________________________ We agree that the Husband shall pay and indemnify and hold the Wife harmless from the following debts: [Here list debts that Husband will pay]. ________________________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________________________s from the following debts: [Here list debts that Wife will pay]. ____________________________________________________________ ____________________________________________________________ _______________________________________________________________________ ____________________________________________________________ 3. We agree that the Wife shall pay and indemnify and hold the Husband harmles_______________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _________________________________ ____________________________________________________________ ____________________________________________________________ _____________________________________________e list a description of the property to be sold]. ____________________________________________________________ ____________________________________________________________ ____________________________ that the following property will be sold as soon as possible and any proceeds from the sale of this property, after the deduction of any expenses of the sale, will be divided equally between us: [Her___ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [or] We agree_______________________________________________ Marital Settlement Agreement 2 ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________hat she may have in this property to the Husband: [Here list Husband's property]. ____________________________________________________________ _________________________________________________________________________________________________________ We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers and quit-claims any interest t____ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________________the Wife: [Here list Wife's property]. ____________________________________________________________ ____________________________________________________________ _______________________________________y be liable. [or] We agree that the following property shall be the sole and separate property of the Wife, and the Husband transfers and quit-claims any interest that he may have in this property to . We both agree that all of the property that the other now possesses is the sole and separate property of the other. We also agree not to incur any further debts or obligations for which the other manimal, and that we have already divided all of our property and bills to our mutual satisfaction. We each transfer and quitclaim to the other any interest that we may have in the property of the otherther, as if we were single, according to the terms of this agreement. We each agree not to annoy, harass, or interfere with the other in any manner. 2. We both agree that our property and bills are miport. THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each ol of our marital affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child supt Agreement 1 As a result of disputes and serious differences, we have separated and are now living apart and intend to continue to remain permanently apart. We both desire to settle by agreement altes and serious differences, we sincerely believe that there is a complete incompatibility of temperament between us and that there is no possible chance for or reconciliation. [or] Marital Settlemenesult of disputes and serious difficulties, we sincerely believe that there are irreconcilable differences between us and that there is no possible chance for reconciliation. [or] As a result of dispu__________________ As a result of disputes and serious differences, we sincerely believe that our marriage is irretrievably broken and that there is no possible chance for reconciliation. [or] As a r Birth date Child's Sex _____________________________________________________ _________________ Child's name Child's Birth date Child's Sex _____________________________________________________ following children were born [or adopted] into our marriage: Child's name Child's Birth date Child's Sex _____________________________________________________ _________________ Child's name Child's_______, County of ____________, State of ________________. We were married on the ____ day of _________, 20 _____ in the City of _______________ County of _____________, State of _____________. The ween _____________, the Wife, of ________________, City of ________________, County of _____________, State of ________________, and ________________, the Husband, of ________________, City of _______ Washington State of Superior My Commission expires June 1, 2008 Sample Marital Settlement Agreement 6 Marital Settlement Agreement This agreement is made on the ____ day of ___________, 20___, bete above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated. ______________________________ (signature) Notary Public, for the County oftate of Superior SS. County of Washington On May 1st, 2006, Mary Ellen Smith and John William Smith personally came before me and, being duly sworn, did state that they are the persons described in th Sample Marital Settlement Agreement 5 ______________________________ [Husband's signature] ______________________________ [Witness signature] ______________________________ [Witness signature] S. Signed and dated this 1st day of May, 2006. ______________________________ [Wife's signature] ______________________________ [Witness signature] ______________________________ [Witness signature]or. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. 7. 8to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Superi and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement. We agree that this document is intended hat we have the right to representation by separate lawyers. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to executetly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We each understand tdgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honeson of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or judgment for divorce or dissolution of marriage and that, by the terms of the juhe event of divorce or dissolution of marriage, the Wife desires to and shall have the right to be known by the name of Mary Ellen Carter. We both desire that, in the event of our divorce or dissolutiturns. We also agree that any tax refunds for the current year will be the property of the Husband and that any taxes due for the current tax year will be paid by the Husband. We both agree that, in tremain as the beneficiary on any life insurance policy carried by the other. 5. Sample Marital Settlement Agreement 4 6. We both agree that we will cooperate in the filing of any necessary tax reion of the payments may be modified by a court in the future. We also both agree that these payments should be made directly to the spouse to whom they are due. We both agree that neither of us shall the first of the following occurrences: (1) the date that either of us dies; (2) the date that the spouse receiving alimony remarries; or (3) June 1, 2004. We both intend that the amount and the durate, the Husband shall pay to the Wife the sum of $400 per month, payable on the 1st day of each month. The first payment will be due on the 1st day of June, 2004, and the payments shall continue until 98 Chevrolet, serial #123456, Superior License #ABC 789. We also agree not to incur any further debts or obligations for which the other may be liable. 4. We both agree that, as alimony and maintenancagree that the Husband shall pay and indemnify and hold the Wife harmless from the following debts: Jones Furniture Store Account #321; Auto loan currently held with the GMAC Finance Company on the 19merald Lane, Centerville, Superior, with the legal description as follows: Lot 5 of Centerville Subdivision as shown on Plat 3 on Page 65 of Book 200 in the Records of Washington County, Superior. We d indemnify and hold the Husband harmless from the following debts: Visa Credit Card Account # 987654; Home mortgage currently held by the Centerville National Bank on the family home located at 150 Esh currently in the Centerville Bank in his individual account; Household furnishings currently located at 2000 Main Street, Apartment #2, Centerville, Superior. 3. We agree that the Wife shall pay annd quitclaims any interest that she may have in this property to the Husband: Woodworking Tools valued at $2,000; 1998 Chevrolet, serial #123456, Superior License #ABC 789, valued at $6,500; $2,000 ca of Washington County, Superior. 2. Sample Marital Settlement Agreement 3 We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers ame; The family home located at 150 Emerald Lane, Centerville, Superior, with the legal description as follows: Lot 5 of Centerville Subdivision as shown on Plat 3 on Page 65 of Book 200 in the RecordsWife, and the Husband transfers and quitclaims any interest that he may have in this property to the Wife: Diamond Ring and Bracelet valued at $1,500; All of the furnishings currently in the family hoding to the terms of this agreement. We each agree not to annoy, harass, or interfere with the other in any manner. We agree that the following property shall be the sole and separate property of the of our mutual promises, and other good and valuable consideration, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each other, as if we were single, accorr reconciliation. We both desire to settle by agreement all of our marital affairs, including the division of all of our property and bills, spousal support or maintenance. THEREFORE, in considerationperior. No children were born into our marriage. As a result of disputes and serious differences, we sincerely believe that our marriage is irretrievably broken and that there is no possible chance fo Main Street, Apartment #2, in the Town of Centerville, County of Washington, State of Superior. We were married on the 1st day of January 1999, in the City of Columbia, County of Lincoln, State of SuMay, 2006, between Mary Ellen Smith, the Wife, who lives at 150 Emerald Lane in the Town of Centerville, County of Washington, State of Superior, and John William Smith, the Husband, who lives at 2000es all of their agreements and which will be used in their later divorce follows. Sample Marital Settlement Agreement 2 SAMPLE Marital Settlement Agreement This agreement is made on the 1st day of in the appropriate sections of the clauses in their Agreement. Although not shown here, each spouse will also need to have prepared a Financial Statement. The Marital Settlement Agreement which embodiement and their Financial Statements, they will need to prepare a quitclaim deed for their home and have the title to their car transferred Various other minor decisions that they have made are shown (cash) - $1,000 (furniture bill) = $10,500). They have separated their furnishings, closed their joint bank account, and opened individual accounts. In addition to signing this Marital Settlement Agreill be his to keep. He agrees to pay off the Jones Furniture bill. His share of the marital or community property is also $10,500 ($1,000 (furnishings) + $6,500 (car equity) + $2,000 (tools) + $2,000 $10,500 ($10,000 (home equity) + $2,000 (furnishings) - $1,500 (Visa bill) = $10,500). Mr. Smith will keep the tools, the car, and the one-third of the home furnishings. All of the cash in the bank wlso will keep two-thirds of the home furnishings. None of the cash in the bank account will be hers. She agrees to pay off the Visa bill. The value of her share of the marital or community property iseducated and capable of full-time employment. They have agreed to the following terms: Mrs. Smith will keep the home and Mr. Smith will transfer (by quitclaim deed) his share of the home to her. She aMr. Smith has a life insurance policy on his life for $100,000 and health insurance through his place of employment. Mr. Smith works full-time, while Mrs. Smith works only part-time. She is, however, t balance Jones Furniture Credit balance ($1,500) ($1,000) $23,500 $ 2,000 $ 6,500 $ 3,000 $10,000 $ 2,000 Sample Marital Settlement Agreement 1 Equals (=) Total value of marital property $21,000 valued at $2,000. The value of their marital or community property is as follows: Tools: Car: equity value Furniture and furnishings Home: equity value Cash: Equals (=) Sub-total Minus (-) Visa Credi Visa Credit Card: Balance of $1,500. Jones Furniture Store: Balance of $1,000. The value of their separate or non-marital property is as follows: Mrs. Smith: Jewelry valued at $1,500. Mr. Smith: BoatMrs. Smith inherited from her mother valued at $1,500. A boat valued at $2,000 which Mr. Smith owned prior to the marriage. They jointly owe the following debts (other than mortgage and car payments):r valued at $7,500, with an outstanding loan balance of $1,000. Furniture and household furnishings worth $3,000. Tools worth $2,000. Cash in a checking account in the amount of $2,000. Jewelry which ictional town of Centerville, in the County of Washington, State of Superior. They own the following property: A home valued at $50,000, with an outstanding mortgage balance of $40,000. A Chevrolet caeparing this sample agreement, a fictional family was used. Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They were married on January 1, 1999. The parties live in the fuction sheet. By reviewing this sample agreement, you will be able to see what a final completed settlement agreement should look like and how the various parts are put together For the purposes of prtlement Agreement Kit ­ Instructions 6 Sample Marital Settlement Agreement Following, a complete sample marital settlement agreement is presented. It has been assembled using clauses from this instrments; That you both intend that your agreement is the full statement of your rights and responsibilities; and That your agreement will be binding on any future representatives of yours. Marriage Sets and they are attached to your agreement; That you both know that you have the right to see your own lawyers and that you both understand your legal rights; That you both will sign any necessary docu That you both want the terms of your marital settlement agreement to be the basis for your a court order in the event of a divorce; That you both have prepared complete and honest Financial Statement legal force. This will always be the last numbered clause in your marital settlement agreement. These standard legal phrases are important and should not be altered. They cover the following points: eement to such a name change request. Agreement Clause: Paragraph 9 There are various other marital settlement agreement issues which must be included in order for your agreement to have the necessaryuse also to state the last name that the children of your marriage will be known by, if you did not use a clause that contained a provision for children's names. It is useful to have your spouse's agrer name was a previous married name). The restoration of this name may be accomplished by a simple request in the divorce papers and a provision in the divorce decree or judgment. You may use this clahese laws are now written to make no reference to the sex of the person requesting this type of change, it is generally a wife who desires to use either her maiden name or her former name (if her form 5 Marital Settlement Agreement Name Change Clause: Paragraph 8 Most states have specific laws which allow a person to request that his or her former name be restored upon divorce. Although many of tnd of the current tax year, you may not claim your spouse as an exemption, even if you have provided all of the support for your spouse for the year. Marriage Settlement Agreement Kit ­ Instructions he end of the year. If your divorce is final by the end of the year, you must file either an individual return or a "head of household" return. In addition, if your divorce is finalized prior to the eidered unmarried and file a "head of household" return. You may choose to file a joint income tax return with your spouse for the current tax year only if your divorce has not been made final before ter the terms of a separation decree but your divorce is not final by the end of the year, you may choose to file: (1) a joint tax return with your spouse; (2) a separate return; or (3) you may be cons 7 The following clause may be used to define your various decisions regarding the tax consequences of your divorce. If you are living apart under the terms of your marital settlement agreement or undren in the event of death of the paying parent. The health insurance protection provides the child with protection in case of illness or injury. Marital Settlement Agreement Taxation Clause: Paragraphs available to the parent through their place of employment or otherwise at a relatively low cost. The life insurance provision provides some measure of security and insurance protection for the childended and are required in some states. Federal law requires that states require a parent responsible for child support to include any children under a health and dental insurance plan if such a plan io is to pay the support must: (1) maintain a life insurance policy naming the children as beneficiaries; and (2) maintain health insurance coverage for the children. These provisions are highly recomm-spouse. Life and Health Insurance Clauses: Paragraph 6 Two provisions regarding insurance as additional child support are provided here. These require that, as additional child support, the parent whe the beneficiary of a life insurance policy on the life of the spouse who is to make the payments. In this manner, the one receiving payments will not be left destitute on the death of a long-time exuration of the payments is for a long period; and (3) the payments are to end on either spouse's death. In a situation of this nature, it is prudent to have the spouse who is to receive the payments buation where there are support obligations. It is, however, highly recommended in the following circumstances: (1) if you have decided that alimony should be payable in monthly payments; and (2) the dallows the spouse who is due the support to collect the benefits of any insurance and apply it to the continuing maintenance or child support obligations. The use of this clause may be wise in any sithe alimony will be the spouse who maintains the insurance. The spouse who receives the alimony will be the spouse who is designated as beneficiary. In the event of the supporting spouse's death, this ife insurance policy of the other. Retaining a position as beneficiary on the other's life insurance is generally a good idea if there are continuing support payments to be paid. The spouse who pays tarriage Settlement Agreement Kit ­ Instructions 4 Life Insurance Clause: Paragraph 5 This clause should be used if you and your spouse have agreed that one of you will remain as a beneficiary on a leither of you will be retained as beneficiaries on the other's policy, use this clause. If you use the clause providing for one of you to be retained as beneficiary (below), do not use this clause. M-sum payment does not currently have the assets by which to pay. Insurance Clause (Neither Spouse as Beneficiary): Paragraph 5 If you or your spouse currently have insurance policies, but agree that nor problems to develop. It also has the benefit of not leaving one spouse subject to over-due payments from the other spouse. This method, however, is not workable if the spouse who is to pay the lumpf their property has been equally or equitably divided. This method of spousal support has the benefit of lessening the future ties between you and your spouse and, thus, lessening the opportunities fy shift in funds or property under the terms of your property settlement. To be fair, this alimony lump-sum payment should be taken out of a spouse's share of separate and marital property after all o. The funds may then be used by the spouse who receives the payment to obtain education, job skills, or training to become self-supporting. This lump-sum payment is separate from and in addition to anlause: Paragraph 4 This clause should be used if you and your spouse agree that the fairest method of dealing with the payment of alimony is for one spouse to pay the other a one-time lump-sum paymenthe payments will retain the right to have the payments made through the court or state at a later date should any problems in late or delinquent payments arise. Alimony Payable in a Lump-Sum Payment Cand not through a court or state agency, it is extremely advisable to make this clause modifiable by a court at a later date. By making the clause subject to court modification, the spouse receiving t the payments may be made directly to the spouse who is to receive them, you must make this decision in the clause below. If you do make the decision to allow payments to be made directly to a spouse roperty. However, in virtually all states that allow this indirect method of payment, there are provisions that allow the spouses to opt out of the state requirement. If you and your spouse agree thatsome states automatically take direct action against any spouse who is late with a payment, which may include garnishing wages, requiring a bond or deposit, or actually seizing a delinquent spouse's pnerally slower, has the benefit of allowing for immediate action to be taken if any payments are missed. There is a clear record of payment in the hands of the appropriate state authorities. In fact, ires any support payments to be made through the court or through certain state agencies and then be passed on to the spouse who is to receive the payment. This indirect method of payment, although gert modification of this clause. Finally, through the use of this clause you will need to choose a method by which the payments should be made. Some states have enacted legislation which allows or requeement is obviously and grossly unfair to one spouse. In order to allow for a modification due to changed circumstances in the lives of either spouse, it is recommended that you allow for a future cou alimony provisions may not be modified by a court, then a court will only modify this clause if it can be shown that there was fraud, coercion, or threats made in reaching the agreement or if the agrrriage Settlement Agreement Kit ­ Instructions 3 In addition, in this clause you will need to decide if you wish for your decisions to be modifiable by a court in the future. If you decide that youre payments is for a long period, you may wish to consider the use of life insurance coverage to protect the support of the receiving spouse. Please see the clauses relating to insurance coverages. Mar you may decide that the alimony payments should end on the first happening of any one of these events. If you decide that the payments are to end on the death of either spouse and the duration of thbe due, and the date on which the payments should begin. You will also need to decide when the payments are to end. You may wish the payments to end on remarriage, on death, or on a particular date. Oshould receive and one of you should pay alimony to the other in the form of periodic monthly payments. You will need to decide the amount of each payment, the day of the month that each payment will t you have both decided is fair, then you should use this clause. Alimony Payable in Monthly Payments Clause: Paragraph 4 This clause should be used if you and your spouse have agreed that one of you pouse agree that neither of you should be required to pay any alimony to the other. By using this clause, you will be giving up forever any rights that you may have to alimony. However, if this is wharty Division Clause (Property Not Listed)], do not use this clause. No Alimony to Either Spouse Clause: Paragraph 4 This clause should only be used if, after careful consideration, both you and your sld be liable for. For each bill, list to whom the bill is owed and the amount to be paid. If you have used the first clause listed in this instruction sheet for dividing your property and bills [Propepay the bills listed after your name and not hold the other liable for the debts (hold harmless and indemnify). It also provides that neither of you will incur any more debts that the other spouse wouecifically divide your bills. It should be used if you have relatively significant bills (outstanding loans, unpaid credit card balances, etc.). It provides that you will each individually assume and cted from the proceeds of the sale before dividing the profits. This clause may be used in conjunction with the previous clause. Division Of Bills (Bills Listed): Paragraph 3 This clause is used to sp division of the proceeds of the sale after any expenses of the sale are deducted. In the case of the sale of a home, this would allow for any appraisal expenses and real estate broker fees to be dedun of the property to be sold should be included. If the property is real estate, the description should be the legal description as shown on the deed to the property. This clause provides for an equalsold and the proceeds of the sale divided between you and your spouse. It may be used for the disposition of anything from items to be sold at a yard sale to the sale of your home. An exact descriptior retirement plan, list that plan under the appropriate spouse and describe it fully. Division of Property (By Sale): Paragraph 2 This clause should be used if there is marital property that is to be the deed to the property. For other property, list the serial number, if Marriage Settlement Agreement Kit ­ Instructions 2 available, or a clear description. If either of you has a pension plan oed to choose a further clause listed later that describes the division of your bills. For each item of property, provide a complete description. For real estate, list the legal description as shown onelatively significant property (home, car, appliances, major furniture items, etc.), and if your method of division is in the form of a trade-off or off-set. If this clause is chosen, you will also nely list the property that each of you will retain. This clause provides that both of you have transferred the property mentioned and quitclaimed it to the other spouse. It should be used if you have rhave actually been divided. Property Division Clause (List Included): Paragraph 2 This clause should be used if you and your spouse have agreed to a division of property and you are able to specificaled, you must use a different clause so that such a plan may be listed and identified specifically. You may use this clause, however, if you have no property or bills or all of your property and bills pliances, etc.) or bills owed or if you have property that you have not yet divided, you should use a different clause. Also, if you or your spouse have a pension or retirement plan that will be dividhe property currently in his or her possession. It also provides that any bills have already been divided and taken care of by you and your spouse. If you have significant property (car, furniture, apoperty Not Listed): Paragraph 2 This clause should be used for cases where there is very little or even no property and there are no significant bills to divide. It simply allows each spouse to keep tn which the spouses have already separated or in which they desire to separate as soon as an agreement is reached. In the vast majority of cases, you will use this clause. Property Division Clause (Prs clause is mandatory in all agreements. Separation Clause: Paragraph 1 This clause relates that the spouses desire to live apart as if they were single. This clause should be used in all situations iclause to set forth the divorce grounds that you have chosen in your state and your particular circumstances. General Agreement Clause: This clause outlines the basic desire to reach an agreement. Thir or not any children will be involved in the terms of the agreement. Fill in the names and birth dates of any children. One of these clauses is mandatory. Preliminary Explanation Clause: Chose this y in all agreements. Children Identification Clause: Marriage Settlement Agreement Kit ­ Instructions 1 Chose the clause that applies to your particular circumstances. This clause identifies whetheate of the agreement and identifies the spouses, their places of residence, and the date and place of their marriage. Fill in the appropriate information. This information is important and is mandatorcomplete your Marital Settlement Agreement. http://www.findlegalforms.com/public/DIV/SLD/DIV-DIGEST.rtf EXPLANATIONS: Title And Introductory Clause: This introductory clause specifies the effective dal family was used. Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding your state's divorce laws and procedures. Use this information to help you greement, you will be able to see what a final completed settlement agreement should look like and how the various parts are put together. For the purposes of preparing the sample agreement, a fictionto the blank sample agreement. Following the explanations is a complete sample marital settlement agreement. It has been assembled using clauses from this instruction sheet. By reviewing this sample a which make up a marital settlement agreement. Read the explanations to determine which clauses apply to your particular situation. Following each clause title you will find a number that corresponds ur original should be spaces for the signatures on the final page. Delete any clauses and italicized text you do not include in your agreement. Below you will find explanations for the various clauses to your divorce. Do not type any portions of a clause which are shown in italics, unless it is language directly relating to your agreement. In addition, the only blank lines that should appear on yo with copyright holder, © Nova Publishing Company 2006 INSTRUCTIONS: To complete the Marital Settlement Agreement, simply fill in the necessary information and delete those clauses which do not applyd be consulted for all serious legal matters. Marital Settlement Agreement Kit­ Information 2 Instructions Marital Settlement / Separation Agreement (Parties With Children) Provided under agreementowever caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney shouldirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) hd at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, inexpress or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. Marital Settlement Agreement Kit­ Information 1 The materials are useot provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any lement agreement for your reference; and (iii) a link to our free divorce state law digest Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does ngreement, this kit also includes: (i) comprehensive instructions which explain the various clauses you may choose to include in the marital settlement agreement; (ii) a completed a sample marital settl settlement agreement including division of property, child custody, visitation, support and more. This package is best for divorcing couples that have children. In addition to a marital settlement aough rational and mature discussions, there is a greater chance that the decisions reached will be abided by without future hostility. This agreement includes all the essential components for a maritahat the divorce/separation settlement will accurately reflect what the spouses really desire to obtain from the divorce. If the decisions regarding the care and custody of any children are reached thr. Perhaps the most important benefit is that there is far less chance that the divorce will escalate into a hostile battle. When revenge and animosity are not factors, there is a greater opportunity turaged in virtually all state and is an indispensable alternative to the traditional hostility of ending a marriage. There are many important benefits to obtaining a divorce or separation by agreementor separation to succeed, the agreement between the spouses must be as fair and as just as is possible under the circumstances. A marital settlement agreement is not only accepted but is actually encoult is not a factor. In a divorce or legal separation by agreement, both spouses play a part in all of the decisions affecting the couple and any children that they may have. For this type of divorce d default divorce (in which one spouse does not participate in the decision-making) and the contested divorce is the divorce or legal separation by agreement. In this type of divorce or separation, faInformation Marital Settlement / Separation Agreement Kit (Parties With Children) Provided under agreement with copyright holder, © Nova Publishing Company 2006 The alternative to both the unconteste Virginia