MARITAL SETTLEMENT AGREEMENT
This is a sample settlement agreement in which the former husband pays a lump sum of $7,500.00, each party retains their own bank accounts, the former husband pays for health insurance with provisions related to the distribution of certain real estate.
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
In Re: The Marriage of Case Number:
THIS AGREEMENT, made and entered on the dates hereinafter set forth, by and between JOHN DOE, (hereinafter referred to as the “Husband”), and JANE DOE (hereinafter referred to as the “Wife”),
WHEREAS, the parties were married to each other XXXXX, 20__ in Fort Lauderdale, Florida;
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 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:
The consideration for this agreement is the mutual covenants and agreements herein contained.
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.
The parties waive alimony from the other now and forever.
lV. EQUITABLE DISTRIBUTION:
As and for equitable distribution the Husband shall pay the Wife $7,500.00 within seven (7) days. Said amount is non-taxable and non-deductible.
V. PERSONAL PROPERTY:
Each party shall retain their bank accounts, retirement accounts in their names. Each party shall retain the personal property in their possession. The parties agree that the Wife shall retain her engagement and wedding rings.
Vl. REAL PROPERTY:
Real Property located at XXXXX. The Husband shall retain this real property which shall become his sole property. The Wife shall be entitled to obtain her personal belongings from the XXXX home by XXXXX, 20__.
Real Property located at XXXXXX. The Husband shall retain this real property which shall become his sole property. The Husband shall be solely responsible for the mortgages on both properties and the reverse mortgage and all fees and costs incident thereto. The Husband shall hold the Wife harmless from any and all liability therein.
Each party shall be responsible for any debts in their individual names.
Vlll. EXCLUSIVE USE AND POSSESSION/CONTENTS:
The Wife shall be permitted to reside in the Husband’s property at XXXXXX until XXXXX, 20__ at which time the Wife shall be permitted to take her belongings with her which include her clothing, boxes of personal property, her TV in her room, her laptop computer and printer in her room. The Husband shall retain the furniture.
lX. WIFE’S HEALTH INSURANCE:
The Husband shall continue to provide health insurance for the Wife at his expense through XXXXX, 20__. The parties agree not to attend a final hearing until after XXXXXX, 20__.
X. ATTORNEY FEES AND COSTS:
The parties agree to each be responsible for their own attorney’s fees and costs.
Xl. 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 and 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 Lawrence D.Schott XXXXXX. The Husband is being represented by XXXXXXX.
Xll. 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 reasonably require for the purpose of giving full force and effect to the provisions of this Agreement.
Xlll. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Broward County, Florida.
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.
XV. 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.
Except as set forth herein, each party, by his or her presence and in consideration of the obligation to be performed by each as set forth herein, releases any claim he or she may have against the other.
XVll. 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.
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.
If either party fails to comply with this Agreement, the defaulting party shall be responsible for all attorney’s fees and costs incurred to enforce this Agreement.
XX. INCORPORATING OF AGREEMENT INTO FINAL JUDGMENT;
This Agreement shall be incorporated into a Final Judgment of Dissolution of Marriage.
XXl. 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.
The parties agree to submit any issues/disagreements to mediation before litigating this matter. The parties shall share equally the cost of such mediation.
In the presence of:
(witness as to Husband)
(witness as to Wife)
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority personally appeared JOHN DOE 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 XXXX 20__.
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared JANE DOE 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 August 20__.
Do You Have a Question?
If you have a question about a family law case, please feel free to call us at 954-880-1302. We promise to get back to you promptly.
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.