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MARITAL SETTLEMENT AGREEMENT

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MARITAL SETTLEMENT AGREEMENT

1. INTRODUCTORY PROVISIONS

1.01 IDENTIFICATION OF PARTIES.

______This agreement is made between ____________________________, hereafter

referred to as “Husband” and __________________________, hereafter referred to as

“Wife”.

1.02 DATE OF MARRIAGE.

______The parties were married on _____________________, at

___________________

_______________, and ever since then have been and are husband and wife.

1.03 DATE OF SEPARATION.

______The date of separation of the parties was ________________________________.

1.04 IRRECONCILABLE DIFFERENCES.

______Irreconcilable differences have led to the irremediable breakdown of the marriage,

and there is no possibility of reconciliation.

1.05 MINOR CHILD(REN) OF THE MARRIAGE.

______There are/is _____ minor child(ren) of the marriage of the parties. The minor

child(ren) are/is as follows:

NAME DATE OF BIRTH

________________________________ ________________________

1.06 PURPOSE OF AGREEMENT.

______Except as otherwise provided in this agreement, the purpose of this agreement is

to make a final and complete settlement of all rights and obligations between the parties,

including all property rights and, if applicable, all rights and obligations concerning child

custody and visitation, child support, and spousal support.

1.07 WAIVER OF FINAL DECLARATIONS OF DISCLOSURE.

______Each party hereby waives the requirements of Family Code section 2105(a) that

requires the parties serve on each other final declarations of disclosure and income and

expense declarations. As required by Family Code section 2105(c), the parties hereby

declare as follows:

(a) Both parties have complied with Family Code section 2104 and the

preliminary declarations of disclosure have been completed and exchanged;

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(b) The parties have completed and exchanged current income and expense

declarations;

(c) Each party has entered into this waiver knowingly, intelligently, and

voluntarily; and,

(d) Each party understands that by entering into this waiver he/she may be

affecting his/her ability to have the judgment set aside as provided by law.

2. CUSTODY AND VISITATION.

2.01 CONFIRMATION OF PRIOR ORDER.

______The parties’ custody and visitation order, filed on __________________ in the

parties’ dissolution case, shall be confirmed and incorporated by reference as the custody

and visitation provisions of this agreement.

2.02 CUSTODY.

______Legal Custody ____________Joint

____________Sole Legal Custody to _________________.

______Physical Custody ____________Joint; Primary to _____________________.

____________Sole Physical Custody to

_______________.

2.03 PARENTING TIME/VISITATION.

______ (Name) ___________________________ shall have parenting time/visitation

with the minor child(ren) as follows:

______See Attachment “A”, consisting of _____ pages, incorporated herein by reference,

or as follows:

________________________________________________________________________

2.04 NOTICE OF CHANGE OF RESIDENCE.

______Neither party may change his/her residence or that of any minor child of the

parties without ____ days prior written notice to the other party.

3. CHILD SUPPORT.

3.01 CONFIRMATION OF PRIOR ORDER.

______A child support order was previously filed on _________________ in the _____

parties’ dissolution case or ____ in the Department of Child Support Services action,

Case No. __________________. This child support, in its entirety, shall remain in full

force and effect, and is hereby incorporated by reference as the child support provisions

of this agreement.

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3.02 DEFER MATTER OF CHILD SUPPORT.

______The matter of child support is deferred to the Department of Child Support

Services and is scheduled to be heard on ___________________ at _____________

a.m./p.m. Any of the parties that have been contacted by DCSS shall immediately, if not

already completed, all documents sent to him/her by DCSS. Both parties shall appear at

Court on the above date for the DCSS hearing.

3.03 RESERVATION OF CHILD SUPPORT.

______Neither party shall pay child support to the other. Each party shall provide the

direct support for the minor child(ren) for those periods when the child(ren) is/are in

his/her physical custody. The Court in the parties’ dissolution action shall reserve

jurisdiction to order such support payable by one party to the other on a proper showing

at some future time.

3.04 BASIC PAYMENT PROVISIONS.

______(Name)_________________________ shall pay to _____________________, as

and for support of the minor (child)ren, the amount of $__________ per month, payable

by wage assignment on the _________ day of each month, (_____ half on the first and

half on the fifteenth of each month), commencing ________________. The child support

amount is allocated between/among the child(ren) as follows:

________________________________________________________________________

_______________________________________________________________________.

The parties’ incomes, parenting timeshare, and other circumstances upon which this

support amount is based are as follows (or attached as Exhibit “B” consisting of ____

pages and incorporated herein by reference):

________________________________________________________________________

3.05 ADDITIONAL CHILD SUPPORT.

______As additional child support, _____________________ shall pay to ____________

(or ____ each party shall pay directly to) the provider half of the education and work-

related child care costs of the minor child(ren) beginning on

_______________________.

______Child support, as described above, shall continue until the first of the following

events:

(a) The child(ren) attains age 19, or has attained age 18 and either is not a full-

time high school student or is self-supporting;

(b) The child dies;

(c) The child(ren) enters into a valid marriage, is on active duty with any of the

armed forces of the United States of America, receives a declaration of

emancipation under California law, or otherwise becomes emancipated by

leaving home and becoming self-supporting;

(d) The custodial parent dies and the other parent assumes custody of the

child(ren); or

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(e) Further court order.

3.06 MAINTENANCE OF HEALTH INSURANCE FOR CHILD(REN).

______(Name)_____________________ shall maintain coverage for each minor child

under the medical and dental insurance provided through his/her employment. To

facilitate the use of such coverage for the child(ren), both parties shall cooperate fully

and in a timely manner, including, but not limited to, obtaining and providing all

necessary insurance cards and claim forms, completing and submitting all necessary

documents, and delivering all insurance payments. For purposes of duration and

modification, this provision shall be deemed part of the child support orders made by the

court in the parties’ dissolution action. If such insurance is or becomes unavailable,

he/she shall provide similar coverage, if any, available to him/her at no cost or reasonable

cost. If no insurance is available, both parties will pay equal portions of any medical

costs.

3.07 PAYMENT OF UNCOVERED HEALTH CARE EXPENSES.

______The parties agree that ____________________ shall pay all (or ____ each party

shall pay half) of the medical, dental, orthodontic, optical, psychiatric, psychological, and

other health care expenses of each minor child, to the extent not covered by insurance.

The party incurring the expense shall present to the other party an itemized statement of

costs accrued or paid, proof of payment of any costs paid by the party, and any necessary

information about how to make payment to the provider, within a reasonable time, but

not more than ____ days after accruing the costs. The reimbursing party shall make the

required payment or reimbursement within a reasonable time, but not more than ___ days

after notification of the amount due. For purposes of duration and modification, this

provision shall be deemed part of the child support orders made by the court in the

parties’ dissolution action.

3.08 CHILD SUPPORT STIPULATION ACKNOWLEDGMENTS.

______The parties declare the following with regard to their agreement regarding child

support:

(a) The parties are fully informed of their rights concerning child support,

including the right to have child support awarded in accordance with

legislatively determined guidelines;

(b) This order is being agreed to without coercion or duress;

(c) The agreement is in the best interests of the child(ren) involved;

(d) The needs of the child(ren) shall be adequately met by the stipulated amount;

(e) The right to support has not been assigned to a county pursuant to section

11477 of the Welfare and Institutions Code; and no public assistance application

is pending;

3.09 OTHER CHILD SUPPORT PROVISIONS.

______The parties agree to the following additional child support orders:

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4. SPOUSAL SUPPORT.

4.01 BASIC PAYMENT PROVISION.

______(Name)______________________________ shall pay to ___________________

for spousal support the sum of $________________ per month, payable in advance, on or

before the ________ day of each month, commencing on _________________ (or _____

by wage assignment) and continuing:

(a) Until either party’s death, the remarriage of the party receiving spousal

support, or modification or termination by further court order, whichever

occurs first.

(b) Except by further court order, until ___________________ (date), either

party’s death, the remarriage of the party receiving spousal support, or

termination by further court order, whichever occurs first.

4.02 RESERVATION OF JURISDICTION.

______The court in the parties’ dissolution action shall reserve jurisdiction over the issue

of spousal support payable to ___ Husband ___Wife, until the remarriage of that party,

either party’s death, or modification or termination by further court order, whichever

occurs first. Spousal support may be ordered payable following this reservation of

jurisdiction only upon a proper showing of a change of circumstances.

4.03 TERMINATION OF JURISDICTION.

______ ____ Husband and/or ____ Wife hereby waive(s) and release(s) all rights and

claims to receive support from the other party at any time. No court shall have

jurisdiction to order spousal support payable by ____ Husband or ____ Wife to the other

party at any time, regardless of any circumstances that may arise.

4.04 MAINTENANCE OF HEALTH INSURANCE FOR SUPPORTED SPOUSE.

______(Name) ___________________ shall maintain coverage for (name) ___________

_________________ under the medical and dental insurance currently provided through

his/her employment until the effective date of the termination of the parties’ marital

status, provided the coverage remains available until that date on substantially the same

terms as at present. To facilitate the use of such coverage for

__________________________, both parties shall cooperate fully and in a timely

manner, including, but not limited to, obtaining and providing all necessary insurance

cards and claim forms, completing and submitting all necessary documents, and

delivering all insurance payments. If such insurance becomes unavailable to

____________________ before the marital status termination date on substantially the

same terms as at present, he/she shall provide similar coverage, if any, available to him at

no cost or reasonable cost.

5. PROPERTY.

5.01 IDENTIFICATION AND CONFIRMATION OF SEPARATE PROPERTY.

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5.01(A) HUSBAND’S SEPARATE PROPERTY.

______The following is/are the separate asset(s) and obligation(s) of Husband, to be

confirmed to him as his separate property. Wife disclaims and waives any and all rights

and interest in these assets. Husband shall pay the obligation(s) and hold Wife harmless

from these liabilities (continued on Exhibit “C” if required, incorporated herein by

reference):

________________________________________________________________________

5.01(B) WIFE’S SEPARATE PROPERTY.

______The following is/are the separate asset(s) and obligation(s) of Wife, to be

confirmed to her as her separate property. Husband disclaims and waives any and all

rights and interest in these assets. Wife shall pay the obligation(s) and hold Husband

harmless from these liabilities (continued on Exhibit “D” if required, incorporated herein

by reference):

________________________________________________________________________

5.02 IDENTIFICATION AND DIVISION OF COMMUNITY PROPERTY.

5.02(A) HUSBAND’S COMMUNITY PROPERTY.

______Husband shall be awarded and assigned, as a portion of his share of the

community property, the following assets and liabilities. Wife transfers to Husband as

his separate property all of her rights and interest in each asset. Husband shall pay all the

obligations assigned to him and hold Wife harmless from each liability (continued on

Exhibit “E” if required, incorporated herein by reference):

________________________________________________________________________

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________________________________________________________________________

5.02(B) WIFE’S COMMUNITY PROPERTY.

______ Wife shall be awarded and assigned, as a portion of her share of the community

property, the following assets and liabilities. Husband transfers to Wife as her separate

property all of his rights and interest in each asset. Wife shall pay all the obligations

assigned to her and hold Husband harmless from each liability (continued on Exhibit “F”

if required, incorporated herein by reference):

________________________________________________________________________

5.03 PAYMENT TO BALANCE DIVISION.

______To achieve and equal division of the community property, _________________

shall pay to ____________________, on or before ________________(date), the sum of

___________________. If however, this sum is not paid in full on or before the due

date, ____________________ shall pay interest at the rate of ten percent (10%) annually

from the due date to the date of payment.

5.04 IN-KIND DIVISION OF LIABILITIES.

______Each party shall be assigned half of each of the following community liabilities:

________________________________________________________________________

______Each party shall pay and hold the other harmless from half of each liability.

6. THE FAMILY RESIDENCE.

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6.01 TITLE.

______Pending sale, the parties shall hold title to the family residence located at _______

__________________________________, California, as tenants in common. As soon as

practicable after the effective date of this agreement, the parties shall duly execute,

acknowledge, and record a deed transferring title with respect to the residence from

themselves as joint tenants to themselves as tenants in common. The change of title to

tenancy in common, however, shall not be dependent on execution or recordation of such

a deed.

6.02 OCCUPANCY.

______ (Name) __________________________ shall have exclusive occupancy of the

family residence until the first of the following events:

(a) The date of _____________ arrives, or as soon thereafter as possible;

(b) The residence is no longer the residence of both _____________ and at least

one child of the parties for whom a support obligation of _________________

then exists;

(c) (Name) ________________________ dies;

(d) (Name) ________________________ remarries;

(e) The residence is condemned, totally destroyed, or destroyed to such an extent

that it is not economically feasible to repair;

(f) (Name) ________________________ fails to timely make payment on the

encumbrance and the holder files a notice of default or otherwise takes action to

make recourse to the security;

(g) The residence is sold by mutual agreement of the parties.

6.03 MAINTENANCE, REPAIRS, AND IMPROVEMENTS.

______During (name) ______________________________ exclusive occupancy of the

residence, he/she shall maintain the residence in good condition, normal wear and tear

excepted, and shall be solely responsible for all costs of maintenance, repairs, or

improvements in the amount of $__________________, or less. For any single item of

maintenance, repair, or improvement costing over that amount, except as unavoidable

due to emergency, ___________________ shall obtain the prior written consent of

________

________________ for such work, which shall not be unreasonably withheld. For items

costing over the stated amount, __________________________ shall be solely

responsible for the stated amount, and the remainder of the cost shall be borne equally by

the parties.

6.04 RESPONSIBILITY FOR ENCUMBRANCES, TAXES, AND INSURANCE.

______During (name) ___________________________ exclusive occupancy of the

residence, ________________________ shall be responsible for payment of the

encumbrance and property taxes, and for maintenace and payment of the existing

property insurance, and shall hold (name) _________________________ harmless from

each liability. If ________________________ fails to timely make any payment,

___________

________________ may do so and shall be entitled to recover from _________________

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the amount paid, with interest at the rate of ten percent (10%) per annum from the date of

payment. Neither party shall further encumber the residence in any manner without the

other’s prior written consent. The remedy provided to _________________ in this

provision shall be in addition to the right, if applicable, to an immediate sale of the

residence, as provided in this agreement.

6.05 RESERVATION OF JURISDICTION.

______The court in the parties’ dissolution action shall reserve jurisdiction to make such

orders relating to sale of the family residence that are necessary to carry out this

agreement if the parties fail to cooperate or agree, including orders with respect to

provisions regarding the residence pending sale, the sale process itself, disposition of

proceeds, and tax consequences.

6.06 MODIFIABILITY.

______The provisions of this agreement with respect to the family residence are intended

as additional child support and may be modified; however, Family Code section 3808,

providing for a rebuttable presumption in favor of immediate sale of the residence on the

occurrence of certain specified events, does not apply.

7. RETIREMENT BENEFITS.

7.01 DIVISION BY FURTHER ORDER.

______Based on ___ Husband’s ___ Wife’s employment during marriage with the

following employer(s) ____________________________________________________,

a community interest has arisen in the following

plan(s):_____________________________

_______________________________________________________________________.

The parties agree to and shall cooperate in the preparation of a Qualified Domestic

Relations Order or retirement benefits order for each plan, which proposed order(s) shall

set forth the respective community interests of the parties and govern the disposition of

benefits upon qualification by the plan(s). The court shall reserve jurisdiction over the

preparation of the order(s), and division of said retirement benefits.

7.02 WAIVER OF BENEFITS.

______Based on ___ Husband’s ___ Wife’s employment during the marriage with

______

_______________________________________________________________________,

a community interest has arisen in the following

plan(s):___________________________

_______________________________________________________________________.

Under the terms of this agreement, that entire interest, including the right to name

beneficiaries other than the employee’s spouse for death and survivor benefits payable

under the plan, is being awarded to the employee-spouse. The non-employee spouse is

informed that, under federal law or the terms of the plan, she/he may, but for this

agreement, have become entitled to survivor rights or benefits payable by the plan. The

non-employee spouse shall timely sign whatever documents, including but not limited to

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a stipulated qualified domestic relations order (QDRO), that are required to implement

her/his waiver of spousal rights in the plan, including written consent to the employee

spouse’s designation of one or more alternate beneficiaries. This provision does not

waive any right expressly provided in any trust agreement or beneficiary designation

executed by the employee spouse after the effective date of this agreement.

7.03 RETIREMENT BENEFITS WARRANTY.

______Each party warrants to the other that, to the best of his or her knowledge after

checking with his or her employer, he or she is not a participant or beneficiary in or with

respect to any benefit plan other than those disclosed and listed in this agreement. If

either party becomes aware of his or her eligibility for or participation in any benefit plan

not disclosed in this agreement that is based in any degree on service during the marriage

and before separation, that party shall notify the other party of the existence of that

eligibility or participation and authorize the plan to provide to the other party any

information necessary to calculate the community interest, treating that interest as an

omitted asset subject to the continuing jurisdiction of the court.

8. OTHER PROPERTY PROVISION.

8.01 DISPOSITION OF AFTER-ACQUIRED ASSETS.

______All assets acquired by either party after the date of separation of the parties shall

be the separate property of the party acquiring them, and each party disclaims and waives

any and all rights and interest in each asset acquired by the other after that date.

8.02 ALLOCATION OF INCOME TAX REFUNDS.

______Husband shall receive ________ percent of the anticipated refunds in connection

with the parties’ joint federal and state income tax returns for the tax year ________.

Wife shall receive ________ percent of the anticipated refunds in connection with the

parties’ joint federal and state income tax returns for the tax year ________.

8.03 OTHER

______

________________________________________________________________________

9. OTHER GENERAL PROVISIONS.

______The parties stipulate to the following additional terms of this agreement:

________________________________________________________________________

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10. PROPERTY WARRANTIES AND REMEDIES.

10.01(A) WARRANTY OF FULL DISCLOSURE OF EXISTENCE OF ASSETS.

______Each party warrants to the other that he or she does not have any knowledge of

any community assets other than those disclosed and listed in this agreement.

10.01(B) REMEDY FOR BREACH.

______If either party has any knowledge of any community asset other than those

disclosed and listed in this agreement, that warrantor shall transfer or pay to the

warrantee, at the warrantee’s election, one of the following:

(a) If the asset is reasonably susceptible to division, a portion of the asset equal to

the warrantee’s interest in it;

(b) The fair market value of the warrantee’s interest in the asset on the effective

date of this agreement, plus interest at the rate of ten percent (10%) per annum

from the effective date to the date of payment; or

(c) The fair market value of the warrantee’s interest in the asset on the date on

which the warrantee discovers the existence of the asset, plus interest at the rate

of ten percent (10%) per annum from the discovery date to the date of payment.

This provision shall not be deemed to impair the availability, in a court of

competent jurisdiction, of any other remedy arising from nondisclosure of community

assets.

10.02(A) WARRANTY OF FULL DISCLOSURE OF EXISTENCE OF

LIABILITIES.

______Each party warrants to the other that he or she neither has incurred nor shall incur,

on or before the effective date of this agreement, any liability not disclosed and listed in

this agreement on which the other is or may become personally liable or that could be

enforced at any time against an asset held or to be received under this agreement by the

other party.

10.02(B) REMEDY FOR BREACH.

______If either party has incurred or does incur, on or before the effective date of this

agreement, any liability not disclosed and listed in this agreement on which the other is or

may become personally liable or that could be enforced at any time against an asset held

or to be received under this agreement by the other party, that warrantor shall fully

indemnify the other with respect to the obligation, including, but not limited to, any and

all liability on the obligation, attorney fees, and related costs. This provision shall not be

deemed to impair the availability, in a Court of competent jurisdiction, of any other

remedy arising from nondisclosure of such liabilities.

10.03(A) WARRANTY REGARDING UNDISCLOSED GIFTS OR TRANSFERS.

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______Each party warrants to the other that he or she has made no undisclosed gifts or

transfers for less than adequate consideration of any community assets with fair market

values over $250.00 without the other party’s knowledge.

10.03(B) REMEDY FOR BREACH.

______If either party has made any undisclosed gift or transfer for less than adequate

consideration of any community asset with a fair market value over $250.00 without the

other party’s knowledge, that warrantor shall pay to the warranted a sum equal to half of

the fair market value of the asset transferred, with the fair market value to be determined,

at the warrantee’s election, as of either (a) the effective date of this agreement or (b) the

date on which the warrantee discovers the transfer, less any appreciation in the asset’s

value attributable solely to acts of the transferee(s) and successor(s). The warrantor shall

further pay to the warrantee interest at the rate of ten percent (10%) per annum from the

date elected for determination of the fair market value of the asset to the date of payment.

This provision shall not be deemed to impair the availability, in a court of competent

jurisdiction, of any other remedy arising from undisclosed gifts or transfers for less than

adequate consideration.

10.04(A) WARRANTY REGARDING AFTER-ACQUIRED LIABILITIES.

______Each party warrants to the other that he or she shall not incur, after the effective

date of this agreement, any liability on which the other shall be or may become

personally liable or that could be enforced against an asset held by the other party.

10.04(B) REMEDY FOR BREACH.

______If either party incurs, after the effective date of this agreement, any liability on

which the other shall be or may become personally liable or that could be enforced

against an asset held by the other party, that warrantor shall indemnify the other for any

liability on the obligation, attorney fees, and related costs.

11. GENERAL PROVISIONS.

11.01 RELEASE OF LIABILITIES AND CLAIMS.

______Except as otherwise provided in this agreement, each party hereby releases the

other from all interspousal obligations, whether incurred before or after the effective date,

and all claims to the property of the other. This release extends to all claims based on

rights that have accrued before the marriage, including, but not limited to, property and

support claims. The parties have considered such claims in this agreement.

11.02 STATUS OF TEMPORARY ORDERS.

______All temporary orders previously rendered by the court in the pending dissolution

action of the parties shall be deemed fully satisfied as to those acts whose performance

was required on or before the effective date of this agreement and shall be deemed

superseded by this agreement as to those acts whose performance was not so required.

11.03 WAIVER OF RIGHTS ON DEATH OF OTHER PARTY.

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______Except for Wife’s rights under Paragraph 3.02 of this agreement, each party

hereby waives the right to receive any property or rights whatsoever on the death of the

other, unless such right is created or affirmed by the other under a will or other written

document executed after the effective date of this agreement. Each party believes that he

or she has received a fair and reasonable disclosure of the property and financial

obligations of the other party. Each party’s waiver is intended to be an enforceable

waiver of that party’s rights under Probate Code sections 140-147.

The rights waived include, but are not limited to, rights to any of the following:

(a) Property that would pass from the decedent by intestate succession;

(b) Property that would pass from the decedent by testamentary disposition;

(c) A probate homestead;

(d) The setting aside of exempt property;

(e) A family allowance;

(f) The setting aside of an estate;

(g) An election to take community or quasi-community property against the

decedent’s will;

(h) The statutory share of an omitted spouse;

(i) An appointment as executor or administrator of the decedent’s estate, except

as the nominee of a third party legally entitled to make such a nomination;

(j) Property that would pass from the decedent by nonprobate transfer, such as

the survivorship interest under a joint tenancy, a Totten trust account, or a

payable-on-

death account; and

(k) Proceeds as a beneficiary of any type of insurance policy.

11.04 ENTIRE AGREEMENT.

______This agreement contains the entire agreement of the parties on these matters,

superseding any previous agreement between them.

11.05 RECONCILIATION.

______If the parties reconcile, this agreement shall nevertheless remain in full effect

unless and until it is modified or revoked in a writing signed by both parties.

11.06 MODIFICATION BY SUBSEQUENT AGREEMENT.

______This agreement may be modified by subsequent agreement of the parties only by

an instrument in writing signed by both of them, an oral agreement to the extent that the

parties execute it, or an in-court oral agreement made into an order by a court of

competent jurisdiction.

11.07 NOTICE OF BANKRUPTCY FILING.

______If either party decides to claim any rights under the bankruptcy laws, that party

must notify the other of this intention in writing at least ten (10) days before filing the

petition. Such notice must include, but not necessarily be limited to, the name, address,

and telephone number of the attorney, if any, representing the party in that proceeding

and the court in which the petition shall be filed.

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11.08 ATTORNEY FEES IN ACTION TO ENFORCE OR MODIFY AGREEMENT.

______Except as to reserved issues, the prevailing party in any action or proceeding to

enforce or modify any provision of this agreement, or any corresponding provision of a

subsequent judgment into which the provision is merged, shall be awarded reasonable

attorney fees and costs. For the moving party to be deemed the prevailing party for

purposes of this provision, at least ten (10) days before the filing of any motion he or she

must provide written notice to the other party specifying the alleged breach or default, if

capable of being cured, or the modification requested. The other party must then be

allowed to avoid implementation of this provision by curing the breach or default

specified or executing an agreement for the modification requested during the ten-day

period.

11.09 COOPERATION IN IMPLEMENTATION OF AGREEMENT.

______On demand of the other party and without undue delay or expense, each party

shall execute, acknowledge, or deliver any instrument, furnish any information, or

perform any other acts reasonably necessary to carry out the provisions of this agreement.

If a party fails to execute any document as required by this provision, the court may

appoint the court clerk or his or her authorized designee to execute the document on that

party’s behalf.

11.10 EFFECTIVE DATE.

______The effective date of this agreement shall be the date of its execution by the

second of the parties to do so.

11.11 COURT ACTION.

______If a judgment of dissolution of marriage is obtained by either party, the original of

this agreement shall be attached to the judgment. The court shall be requested to do the

following:

(a) Approve the entire agreement as fair and equitable;

(b) Order the parties to comply with all of its executory provisions;

(c) Merge the provisions relating to child custody and visitation, child support,

spousal support, future acts with respect to property division, attorney fees and

costs, and income tax, and only those provisions, into the judgment; and

(d) Incorporate the remainder of the agreement in the judgment for the sole

purpose of identification.

11.12 ACKNOWLEDGMENTS.

______Each party acknowledges that he or she respectively (1) is fully informed as to the

facts relating to the subject matter of this agreement, and as to the rights and liabilities of

both parties; (2) enters into this agreement voluntarily, free from fraud, undue influence,

coercion, or duress of any kind; (3) is representing themselves in an “in pro per” status

and is therefore not represented by legal counsel; (4) prior to executing this agreement,

either party may have this agreement reviewed by an attorney; and (5) has read,

considered, and understands each provision of this agreement.

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12. SIGNATURES AND DATES.

The foregoing is agreed to by:

DATE: _____________ __________________________________________

(Husband’s printed name & signature)

DATE: _____________ __________________________________________

(Wife’s printed name & signature)