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MARITAL SETTLEMENT AGREEMENT-NO CHILDREN-SELL HOME

MARITAL SETTLEMENT AGREEMENT

(No Children – No Alimony – Sell Home)

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA

In Re: The Marriage of                                            Case Number:

 

JAMIE CROWN,

 

Petitioner/Wife,

and

 

JACK KING,

 

Respondent/Husband.

_____________________________/

MARITAL SETTLEMENT AGREEMENT

 

THIS AGREEMENT, made and entered on the dates hereinafter set forth, by and

between JAMIE CROWN, (hereinafter referred to as the “Wife”), and JACK KING, (hereinafter referred to as the “Husband”),WITNESSETH:

WHEREAS, the parties were married to each other on XXXXXX XX, 20__ in Dade County, Florida.  The parties separated on XXXXX XX, 20__.  There are no children born of this marriage;

WHEREAS, no additional issue is contemplated;

      WHEREAS, the parties desire to confirm their separation and to settle and adjust forever all rights of support and maintenance, property and other rights, claims or demands arising out of the marital relationship, and all matters pertaining to the support of the child and parental responsibility and maintenance of the parties and for the distribution of their respective properties.

     NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained, and other good and valuable considerations, the parties hereto agree as follows

  1. CONSIDERATION:

The consideration for this agreement is the mutual covenants and agreements herein contained.

  1. SEPARATION:

Neither of the parties shall molest, annoy, requests, demand or trouble the other, nor compel or endeavor to compel, directly or indirectly, the other to dwell or cohabit with him or her as the case may be.

lll.    ALIMONY:

The parties waive alimony from the other now and forever.

lV.    EQUITABLE DISTRIBUTION:

The Wife shall receive all right, title and interest in and to the following assets:

 

  1. Wife’s Honda CRV. The Wife agrees to assume sole and exclusive use of this car. The Wife hereby indemnifies and holds the Husband harmless with respect to any and all liens, maintenance, expenses and costs relating to the automobile whether arising hereinafter or heretofore.
  2. All bank and retirement accounts titled in the Wife’s name
  3. Wife’s Jewelry.
  4. Half of all furniture, furnishings, and personal property in her possession and/or in the marital residence.

The Husband shall receive all right, title and interest in and to the following assets:

 

  1. Husband’s Jewelry
  2. All bank and retirement accounts titled in the Husband’s sole name.
  3. Half of all furniture, furnishings, and personal property in her possession and/or in the marital residence

 

Marital Home – The Husband presently has exclusive use and possession of the marital home located at: XXXXXXXXXXXX pending sale.  There is a pending contract for sale and the closing is scheduled for XXXXX XX, 20__.  The parties agree to equally share (50/50) the net proceeds from the sale of the marital home and authorize the title company to issue individual checks to the parties.

  1. DEBTS. The parties agree that each party shall be solely responsible for any and all credit cards in their name.   

Vl.   ATTORNEY FEES AND COSTS:  The parties agree to each be responsible for their own attorneys fees and costs.

Vll.   LEGAL REPRESENTATION:

Each party acknowledges that he or she has been informed and fully understands his of her respective legal rights and the full purpose of this Agreement; that each has had full knowledge and disclosure of all information relating to the financial affairs of the other, and has ascertained an weighed all the facts and circumstances likely to influence his or her judgment thereon. Each party believes this Agreement to be fair, just and equitable and signs it freely and voluntarily, intending to be bound by it.  The Wife is being represented by Larry D. Schott, Esquire, XXXXXXXXXXXXX.  The Husband is Pro Se.

Vlll.      FUTURE DOCUMENTS:

Each party shall, at any time and from time to time thereafter, take any and all steps to execute and deliver any and all future instruments and assurances that the other party may be responsibly require for the purpose of giving full force and effect to the provisions of this Agreement.

lX.         GOVERNING LAW:

   This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Miami-Dade County, Florida.

  1.  MODIFICATION

Modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement.

Xl.   OFFER AS EVIDENCE:

 

This Agreement shall be offered in evidence by either party in any dissolution of marriage or separate maintenance action and further agree that it may be submitted to the Court for approval and incorporated by reference in the Final Judgment that may be recorded.  However, notwithstanding an incorporation of the Final Judgment, this Agreement shall not be merged in it but shall survive the Final Judgment and be binding on the parties for all time.

Xll.  MUTUAL RELEASE: Except as otherwise provided in this Agreement:

  1. Each party releases the other from all claims, demands due, debts, rights, or causes of action up to the Effective Date of this Agreement.
  2. Each party hereby irrevocably releases and relinquishes all claims, rights, and interests which that party may now have or may have hereafter acquired in any property to the other party. All property owned by either party at the time of their marriage or subsequently acquired, separately or together, and owned by the parties or either of them at the time of their separation, has heretofore been equitably divided and apportioned between them and each party hereby ratifies and affirms that division.
  3. Each party waives, release and relinquishes all rights that he or she may now have or hereafter acquire as the other party’s spouse under the present or future laws of any jurisdiction:
  4. To elect to take against any will or codicil of the other party now in force. This shall not apply to any wills or codicils executed after the Effective Date of this Agreement.
  5. To share in the other party’s estate and to exercise any right of dower or courtesy he or she may now have or hereafter acquire in the other party’s estate.
  6. To act as administrator or executor of the other party’s estate, except only as provided by will or codicil executed after the Effective Date of this Agreement.

Xlll.  ENTIRE AGREEMENT:

This Agreement, from the time it shall take effect, shall supersede any and all prior agreements whether claimed to be oral or in writing.  The parties have incorporated in this Agreement their entire understanding.  No oral statements shall have any force or effect.

 

XlV.    ENFORCEMENT:

The failure of the Husband or Wife to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement shall not be construed as a waiver or relinquishment for the future of any such term or provisions, and the same shall continue in full force and effect.

  1. DEFAULT:

In the event that either party to this Agreement defaults in his or her obligations hereunder and court enforcement proceedings ensue, the party in default shall be liable to the non-defaulting party for all reasonable expenses incurred in enforcing the Agreement, including but not limited to attorney’s fees, costs and suit monies.

XVl.    INCORPORATING OF AGREEMENT INTO FINAL JUDGMENT;

       This Agreement shall be incorporated into a Final Judgment of Dissolution of

Marriage.

XVll.    FULL AND FAIR DISCLOSURE:

   The parties acknowledge that there has been full and fair disclosure of each parties’ assets, liabilities and net worth to the other.

XVlll.   RECONCILIATION.   The parties recognize the possibility of reconciliation.  However, it is their intention that a reconciliation, temporary or permanent, or further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement concerning the settlement and disposition of property rights between the parties.

XlX.      REPRESENTATIONS.  The parties jointly represent:

  1. That each has made a full and complete disclosure to the other of his or her current financial situation and that each fully understands the implications of said disclosure. Both parties are satisfied with the disclosure as presently made of the financial circumstances of the other party, including, but not limited to, income, income potential, marital and separate property of the other and all other aspects of the present and prospective financial circumstances of the other party.
  2. Each party is fully informed as to his or her rights and obligations. Both parties have signed this Agreement freely and voluntarily and intend to be bound by it.
  3. Each party understands and agrees that this Agreement supersedes prior agreements between the parties.
  4. This Agreement represents a complete resolution of all matters in that neither party has made any representations, promises, or warranties except as set forth in this Agreement.
  5. The financial obligations contained in this Agreement shall be binding on the parties’ respective estates, heirs, administrators, legal representations, executors or assigns.
  6. CONSIDERATION. The above Agreement is made in consideration of the mutual promises contained herein, and of other good and valuable consideration, receipt of which is hereby acknowledged by both parties.

XXl.      FAIRNESS OF AGREEMENT.  The parties declare and acknowledge that the terms contained in this Agreement are equitable, fair and just, and that this Agreement is commensurate with the financial means and social positions of both parties.

XXll.  TAX ADVICE.   The parties hereby acknowledge and agree that each has had the opportunity to retain their own accountant, certified public accountant, tax advisor or tax attorney with reference to the tax implications of this Marital Settlement Agreement.  Further, both parties hereby acknowledge that each has been advised by counsel to seek his or her own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement.

Further, the parties acknowledge and agree that their signatures to this Martial Settlement Agreement serve as their acknowledgment that they have read this particular provision and have had the opportunity to seek independent tax advice.

XXlll.  BANKRUPTCY.  Obligations for maintenance, alimony, and equitable distribution, payment of debts and property division which are made pursuant to the terms and provisions of this Agreement shall not be discharged, cancelled, terminated, diminished or in any way affected by the filing of a petition in bankruptcy by either party, or by the making of an assignment for the benefit of creditors.

XXlV.  PROHIBITION TO PLEDGE CREDIT.   Except as provided herein

neither party will incur any liability, expense or charge in the future, either through the use of credit of the other or name of the other, nor shall one party represent to the other persons that he or she is acting as the agent of the other, and each party agrees in support hereof to hold the other harmless and to indemnify the other from all liability or expense arising out of this paragraph.    All joint credit cards, if any, shall be cancelled within twenty-four (24) hours from the Effective Date of this Agreement.

 

In the presence of:

______________________________                 ________________________________

(as to Wife)                                                               JAMIE CROWN

 

 

______________________________                 ________________________________

(as to the Husband)                                                JACK KING

 

STATE OF FLORIDA         )

          )§:

COUNTY OF BROWARD  )

 

BEFORE ME, the undersigned authority, personally appeared JAMIE CROWN,

known to me, who, after first being duly sworn, deposes and states that she executed the

foregoing Settlement Agreement, for the purpose therein expressed.

 

WITNESS my hand and seal in the State and County aforesaid this _____ day of

XXXXXX 20__.

 

_________________________________

Notary Public

 

STATE OF FLORIDA         )

          )§:

COUNTY OF BROWARD  )

 

 

BEFORE ME, the undersigned authority, personally appeared JACK KING ,who produced _________________, known to me, who, after first being duly sworn, deposes and states that he executed the foregoing Settlement Agreement, for the purpose therein expressed.

 

WITNESS my hand and seal in the State and County aforesaid this _____ day of XXXXXX 20__.

 

_________________________________

Notary Public

 

 

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.

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