EXAMPLE MARITAL SETTLEMENT AGREEMENTS

THE FOLLOWING ARE GUIDELINES AND EXAMPLES, ONLY. ALWAYS SEEK THE ADVICE OF COUNSEL WITH REGARD TO ANY FINAL VERSION YOU AGREE UPON.
Because I have seen such "drek" on this site concerning child support, visitation, and other matters in people's divorce agreements and orders, I have decided to post the following "Checklist" and "Example" Marital Settlement Agreements (2), so that anyone may learn what proper Agreements should include. The following are for EDUCATIONAL PURPOSES, ONLY - USE THESE AT YOUR SOLE AND EXCLUSIVE RISK !!

MARITAL SETTLEMENT AGREEMENT CHECKLIST
FACTUAL RECITALS
. Identity of parties and minor children
. Statistical facts of marriage
. Dissolution proceeding contemplated or filed
. Each party's employment (or, in the case of an unemployed party, employment
background, skills, etc.)
. Each party's current earnings
. Each party's age
. Health of parties
. Finality of agreement, or issues left unresolved
PROPERTY DISPOSITIONS
. Identity, value and disposition of community and quasi-community property
. Identity, value and disposition of noncommunity property joint tenancy and
tenancy in common interests
. Confirmation of each spouse's separate property interests
. > Fam.C. Sec. 2100 et seq. declarations of disclosure (including current income
and expense declarations)
. REA waivers (waiver of survivorship benefit rights in other spouse's ERISA
pension)
. Waiver of rights in deceased spouse's estate
. Sale of property (and/or deferred sale re, e.g., family home award)
. Warranty: disclosure of property
. Warranty: value of property
. After-discovered property
. Disposition of furnishings and personal effects
. Allocation of debt responsibility; hold harmless clauses
REIMBURSEMENT CLAIMS
. Contributions to education and training
. SP contributions to the acquisition of CP

. Payments on debts
. Property improvement payments
CUSTODY AND VISITATION
. Sole custody (legal and/or physical)
. Joint custody (legal and/or physical)
. Other custody arrangement: shared custody; split custody
. Reasonable visitation; or defined visitation
. Removal of child from jurisdiction
. Child's surname
CHILD SUPPORT
. Statewide child support guideline requirements
. Spouses' recognition of statewide guideline limitations where agreement is
for less than guideline amount
. Deferred sale of home award as component of child support
. Payment schedule: weekly, monthly, or other; when payments under agreement
shall commence
. Duration of child support (effect of emancipation or adulthood)
. Agreement to support adult children
. Special support considerations: health insurance, medical and dental
payments; special educational needs, etc.
. Right to claim dependency exemption; waiver of exemption by custodial parent
SPOUSAL SUPPORT
. Amount of support
. Payment schedule: weekly, monthly, or other; when payments under agreement
to commence
. Combined spousal and child support option (family support)
. Payment of debts as payment of support
. Exclusive use of family home in lieu of or toward payment of support
. Satisfaction of state and federal tax requirements for deductibility to
payor

. Modifiability of spousal support
. Duration of support; reservation of jurisdiction
. Waiver of spousal support
. Pendente lite support
FEES AND COSTS
. Attorney fees and costs of litigation
. Experts' fees
TAX PROVISIONS
. Tax returns (separate or joint returns during the separation period?)
. Tax refunds and deficiencies; indemnification provisions
. Allocation of dependency exemption
. Designation of spousal support as nonincludible, nondeductible for federal
tax purposes
GENERAL PROVISIONS
. Effect of reconciliation
. Judicial action: approval vs. merger (with exception for warranties?)
. Effect of invalidity
. Law applicable
. Mutual releases
. Entry of final judgment
. Modification, revocation or termination of agreement
. Costs of enforcement; waiver of costs of enforcement
. Execution of instruments
. Execution formalities (notary, recordation, etc.)
. Effective date of agreement
. Independent legal representation (or acknowledgement of voluntary and
knowing refusal to obtain independent legal advice)
. Persons bound
. Parties
. Counsel


MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into on ..., 19 ..., at Santa Barbara, California, by and between MARY L. GEORGE, (referred to herein as "Wife") and ROBERT P. GEORGE (referred to herein as "Husband"), both referred to collectively as "The Parties," and is based upon the following facts which the parties agree to be true:

A. The parties were married to each other on **************., 19... in San Diego, California, and have been husband and wife continuously since that date. The parties separated on **************., 19 .... [OR: "The parties have actually separated and ceased marital relations except as set forth in this Agreement, but they have continued to reside in and both claim their principal residence to be the family home located at 423 S. Escondido Road, Santa Barbara, California."]

B. The parties are the parents of two minor children: a son, Robert P. George, Jr., born **************., 19 ..., and a daughter, Glenna Elsa George, born **************..., 19 .... The parties have had no other children of the marriage and have not adopted any children.

C. Irreconcilable differences have arisen between the parties which have led to the irremediable breakdown of their marriage. The parties agree that no further waiting period, marriage counseling, or conciliation efforts would save the marriage, and the parties have filed for [OR: "intend to file for"] dissolution of their marriage. The proceeding is pending in [OR: "will be filed in"] the Superior Court of the County of Santa Barbara, Case NO. 45,876, with Wife, Petitioner, and Husband, Respondent.

D. The parties intend this Agreement to be a final and complete settlement of all of their rights and obligations as between them, including property rights and property claims, the right of either Wife or Husband to spousal support, and the right of Wife to receive support for the minor children, subject to continuing jurisdiction of the Superior Court to order support for the minor children.

[OR, in those cases where some provisions are to be determined by the court: "The parties intend this Agreement to be a final and complete settlement of all their rights and obligations as between them regarding their community property interests, but the amount and duration of spousal support for Wife and child support for the minor children shall be determined by the court in the dissolution proceeding."]

E. The parties are presently both in good health, and neither has any known illness, disability or physical condition which renders either incapable of gainful employment or makes either subject to extraordinary medical or dental expenditures in the near future.

F. Husband is presently employed by Heywood Advertising Agency, and his earnings are solely those shown as wages from his employer on last year's Federal Income Tax return in the sum of $78,575 gross for that year, and $51,500 after tax and employee deductions.

G. Wife has not been employed outside the home since the date of the parties' marriage, but she was employed before the marriage as a medical secretary for Kaiser Medical Clinic and is presently employable in that occupation.

H. There is other income derived from community property of the parties which has been divided by the terms of this Agreement, and both parties are fully advised and agree as to the nature and amount of such income.

THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions and agreements set forth herein, the parties agree as follows:

1. Effective Date: