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Sample Custody - Separation Agreement
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR * COUNTY
In Re the Marriage of:
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR * COUNTY
In Re the Marriage of:
*, )
) No. *
Petitioner, )
) AGREEMENT REGARDING
and ) PROPERTY, CUSTODY
) AND SUPPORT
*, )
)
Respondent, )
________________________________)
THIS AGREEMENT is being made and entered into this * day of
* , 198 * , by and between * (hereafter referred to as "wife")
and * (hereinafter referred to as "husband"):
WITNESSETH:
WHEREAS, the parties hereto were married on the * day of * ,
19 * and the marriage was recorded in * County, Washington, and
the parties ever since that time have been and now are husband
and wife; and
WHEREAS, * children have been born as issue of the marriage,
to-wit: * ; and the wife is not now pregnant; and
WHEREAS, certain differences have arisen in the marital life
of the parties, as a result of which they have separated and are
now living separate and apart, and the * has commenced an action
for dissolution of marriage in the Superior Court for * County;
and
WHEREAS, the parties hereto and are now desirous of full,
finally and forever effecting a settlement and disposition of
their property rights without the necessity of intervention of
the court; and
WHEREAS, each party has fully disclosed to the other all
properties he or she owns, and all income he or she derives
therefrom, and from all other sources and all claims, liens or
encumbrances affecting such property and income, and entering
into this contract, the parties have attempted to divide their
properties in such a manner so that after deducting all
liabilities each will receive property or cash or both netting
that party one-half in value of their total community estate;
now, therefore,
IN CONSIDERATION of the mutual promises, agreements and
covenants contained herein, and in consideration of the desire of
the parties to make an amicable settlement of disputes attendant
upon their separation, and in further consideration of the mutual
benefits to be derived therefrom,
IT IS AGREED AS FOLLOWS:
I.
UNDUE INFLUENCE AND INDUCEMENTS
Each party hereto acknowledges that he or she is making this
agreement of his or her own free will and volition; acknowledges
that no coercion, force, pressure or undue influence has been
employed against him or her in negotiations leading to the
execution of this agreement either by the other party hereto or
by any other person or persons whomsoever; and declares that no
reliance whatsoever is placed upon any representations or
promises other than those expressly set forth herein.
II.
WARRANTY AS TO POSSESSION OF PROPERTY
Each party hereby warrants to the other than he or she is
not now possessed of any property of any kind or description
whatsoever, other than as set forth in Paragraphs XII and XIII,
and that neither of them has made, without the knowledge and
consent of the other, any gifts or transfers of community or
separate property within the past three years with a value in
excess of $200.00. If it shall hereafter be determined by a
court of competent jurisdiction that either the husband or the
wife is now possessed of any property not set forth herein, or
that the husband or wife is now without the consent or knowledge
of the other, any gifts or transfers of community or separate
property other than as set forth herein, each of the parties
hereto covenants and agrees to pay to the other, upon demand, an
amount equal to one-half of the fair market value of any such
property.
III.
INHERITANCE
Each party hereto does hereby waive any and all right to
inherit the estate of the other at his or her death, or take
property from the other by devise or bequest (unless under a will
subsequent to the effective date hereof), or to claim any
family allowance or probate homestead, or to act as
administrator or administratrix of the other (except as nominee
of another person legally entitled to said right), or to act as
executor or executrix under the will of the other (unless under a
will subsequent to the effective date hereof). All previous
wills, contracts, or community property agreements are hereby
revoked.
IV.
WARRANTY OF WIFE
V.
WARRANTY OF HUSBAND
Husband hereby warrants to wife that he has not incurred and
he hereby covenants that he will not in the future incur any
liabilities or obligations for which the wife is or may be liable
except as have been expressly set forth herein; husband hereby
covenants and agrees that if any claim, action or proceeding
shall hereafter be brought seeking to hold wife liable on account
of any such debt, liability, act or omission of husband, he will,
at his sole expense, defend wife against any such claim or
demand, whether or not well-founded and that he will hold her
harmless therefrom.
VI.
AFTER ACQUIRED PROPERTY
It is hereby agreed and understood that unless otherwise
provided herein any and all property acquired by either of the
parties to this agreement from and after the date of separation,
which the parties agree to be * , 19 * , shall be the sole and
separate property of the one acquiring the same, and each of the
parties hereto does waive any and all right in or to such
acquisitions of property by the other.
VII.
FINDINGS AND DECREE
In a Decree of Dissolution or Legal Separation is applied
for, this Agreement Regarding Property, Custody and Support shall
be embodied within any such Decree of Dissolution or Legal
Separation which may ultimately issue with respect to this
marriage. Findings of Fact, Conclusions of Law, and Decree shall
be subject to approval as to form by * 's attorney which approval
shall not be unreasonable withheld.
Notwithstanding that the provisions of this agreement may be
included and incorporated into a Decree of Dissolution or Legal
Separation, if one is obtained, it is also the intention of the
parties that this agreement retains its status independently as a
contract between the parties, each spouse to enforce his or her
rights as they arise from this agreement by contract law, as well
as those remedies available for the enforcement of judgments and
dissolution law.
VIII.
ENFORCEMENT
It is hereby understood that the undertakings and
commitments of both husband and wife in this agreement are unique
and that in the event of violation or of threat of violation by
the wife or husband of the terms, conditions or provisions
hereof, the other party may not have an adequate remedy at law.
Therefore, in addition to any other remedy available to the
husband or wife under this agreement or at law, either the
husband or the wife shall have the remedies of specific
enforcement and injunction in any court of competent jurisdiction
to prevent violation of the terms thereof.
If any such action becomes necessary, whether at law or in
equity, to enforce the terms of this agreement, both parties
will be responsible the expense of their attorney's fees and suit
costs reasonably incurred in such enforcement action.
IX.
APPLICABLE LAW
The parties do hereby stipulate that interpretation of this
document may be made by any court of competent jurisdiction,
which may be called upon to interpret it, and in so doing said
court shall apply the law of the State of Washington.
X.
LEGAL REPRESENTATION
Each party to this agreement does hereby stipulate with the
other that he or she has been represented in negotiations for and
the preparation of this agreement by counsel of his or her own
choosing, to-wit: * for the husband and * for the wife. The
parties represent that they have read this agreement and have
endeavored to have all questions concerning it answered prior to
signing it.
XI.
CONVEYANCE OF PROPERTY
The property portions of this agreement, when executed,
shall operate as a conveyance by the wife to the husband and as a
conveyance by the husband to the wife of the enumerated items of
property in Paragraphs XII and XIII. Thereafter, those items
shall be the sole and separate property of the wife or husband,
as the case may be.
XII.
PROPERTY TO WIFE
The wife shall be granted and conveyed the following real
and personal property, which comprises the wife`s separate
property and one-half of the community property, free and clear
of any right, title or interest of the husband herein:
A. Family residence located at * [address] , more
particularly described as follows:
[legal description]
together with reserves for taxes and insurance, subject to that
certain mortgage in favor of * [bank], assessments and taxes, all
of which the wife shall assume and pay and hold the husband
harmless therefrom, and further subject to a judgment lien in
favor of the husband and against the wife in the amount of $ * ,
as described in paragraph XIII ( * ) herein.
B. [checking account] Account No. * in the name of * .
C. [life insurance policy] Policy No. * in the face amount
of $ * on the life of * .
D. Household goods and furniture per inventory hereto
attached as Appendix " * " .
E. Personal effects and wearing apparel, including all
jewelry in the possession of the wife as, of the date of this
agreement.
F. [automobile] 19 * , License No. * , Serial No. * .
G. [savings account] Account No. * in the name of * .
H. [All interest in a personal injury action as the result
of * occurring in * , WA on * , 198 * , after separation, wherein
the wife was injured and a claim is pending against *]
I. [inheritance ... The wife's contingent interest in a
testamentary trust, * and * primary beneficiary, pursuant to the
Last Will of * executed * , 19 * ]
J. [savings accounts for children] Account No. * held for
*.
K. Any and all life insurance policies insuring the life of
the wife not specifically referred to herein, all insurance
policies insuring any assets awarded to the wife herein or
belonging to the wife; any and all insurance in the name of the
wife not specifically referred to herein relating to medical,
hospitalization and dental care. Any and all rights and benefits
derived as a result of her past or present employment, union
affiliation, United States or other citizenship and/or residency
within a state, all of which, but are not limited to:
Various forms of insurance, rights to social security payments,
welfare payments, unemployment compensation payments, disability
payments, medicare and medicaid payments, retirement benefits,
profit sharing benefits, contributed savings benefits, stock
option benefits, sick leave benefits, educational benefits and
grants, and all other legislated, contractual and/or donated
benefits, whether vested or non-vested and/or directly or
indirectly derived through the activity of that specific party.
XIII.
PROPERTY OF HUSBAND
The husband shall be granted and conveyed the following real
and personal property, which is equivalent to the husband's
separate property and one-half the community property free and
clear of any right, title or interest of the wife therein:
A. [property]
B. [sold items ... Proceeds for the sale of * in the sum of
$ * received by the husband on * 19 * ]
C. [high value items to be itemized]
D. [Securities, stocks and bonds, mutual funds to-wit: ...
to be itemized]
E. Life Insurance, to-wit:
1. [to be itemized]
all subject to naming the parties' dependent children as
irrevocable beneficiaries of life insurance in the minimum amount
of $ * as set forth in Paragraph XXVI herein.
F. Household goods, furniture, personal effects and wearing
apparel in the possession of the husband as of the date of this
agreement with the exception of those items awarded to wife under
Paragraph XII ( * ) herein.
G. Judgment in favor of the husband and against the wife in
the sum of $ * , secured by a lien upon the family residence at *
more particularly described in Paragraph XII ( * ) herein, said
judgment payable on * , 19 * , or upon the sale of the family
residence whichever is first, and to accrue simple interest of *
% per annum from * , 19 * until paid.
H. All retirement, pension and annuity benefits accrued by
the husband through any present and past employment, including,
but not limited to, * and * .
I. Any and all life insurance policies insuring the life of
the husband not specifically referred to herein, all insurance
policies insuring any assets awarded to the husband herein or
belonging to the husband; any and all insurance in the name of
the husband not specifically referred to herein relating to
medical, hospitalization and dental care. Any and all rights and
benefits derived as a result of his past or present employment,
union affiliation, military service, United States or other
citizenship and/or residency within a state, all of which
include, but are not limited to:
Various forms of insurance, rights to social security payments,
welfare payments, unemployment compensation payments, disability
payments, medicare and medicaid payments, retirement benefits,
profit sharing benefits, contributed savings benefits, stock
option benefits, sick leave benefits, educational benefits and
grants, and all other legislated, contractual and/or donated
benefits, whether vested or non-vested and/or directly or
indirectly derived through the activity of that specific party.
XIV.
SALE OF FAMILY RESIDENCE
[alternate provision]
It is agreed between the parties that the real property
commonly knows as * [address], more particularly describes as:
[legal description]
shall be sold. Pending sale the parties shall own the residence
as tenants in common and not joint tenants with right of
survivorship. The parties agree that they shall list said
property for sale with a multi-listing broker at a minimum price
of $ * with minimum terms of cash or $ * down on a contract in
the event the indebtedness to * [bank] is assumed or $ * if the
indebtedness to * [bank] is not assumed with the balance payable
within five years. The parties agree that they will execute all
necessary listing agreements, earnest money receipts, documents
and deeds to permit the sale of said property. Upon sale of the
residence and from the proceeds of said sale, the following shall
be paid in the following order:
A. First encumbrance in favor of * [bank] with an
approximate balance of $ * ;
B. Real estate taxes with a balance as of * , 19 * , of $ *
plus interest and penalties; and
C. Sales costs in an amount determined at the time of
closing.
After allocation and/or payment of the above, the remaining
proceeds shall be divided equally between the parties, and in the
event that the sale is by real estate contract, any subsequent
payments, including interest, shall be made payable to an escrow
bank account agreeable to the parties, whereupon said bank shall
distribute said payments including interest - * % to the husband
and * % to the wife. It is agreed between the parties that
neither party shall encumber the property during the pendency of
the sale or use the property as collateral for any purpose.
It is agreed between the parties that until the closing of
the sale of the family residence the [wife and the parties' two
dependant children] shall have the exclusive right to reside
therein. During said periods of residence, the wife shall pay
the mortgage payment of $ * per month, and shall pay all
homeowners insurance premiums due on said property; provided,
however, that in the event that a sale has not closed as of * ,
19 * , the husband shall pay to the wife in addition to the
support provided for in Paragraphs XIX and XX herein, the sum of
$ * beginning * , 19 * , and on the 1st of each and every month
thereafter until closing of any sale. Payment of real estate
taxes shall be held in abeyance pending closing of the sale;
provided, however, in the event payment of same is necessary to
prevent immediate foreclosure and sale, each party shall pay * %
thereof, including interest and penalties. In the event that
subsequent to the execution of this agreement, both parties agree
that preservation of the property requires an expenditure of
monies for maintenance or improvements to facilitate sale
thereof, each party shall be responsible for * % of the cost
thereof. The husband shall assume and pay all indebtedness
incurred prior to the execution of this agreement for the
preservation and maintenance of said property, and shall hold the
wife harmless therefrom.
-- the above file is a good proposed outline that needs
few modifications to fit your paticular divorce...
however, there is more to come. The remaining pages
will be available within a week or so. --