Property Settlement Agreement upon Annulment of Marriage
Agreement made (date), between (Name of Husband), residing at (street address, city,
state, zip code), hereinafter called the Husband, and (Name of Wife), residing at (street
address, city, state, zip code), hereinafter called the Wife.
Whereas, the parties to this Agreement were purportedly married on (date), in (City and
State), and from such date until (date), lived together (e.g., in the good-faith belief that
their purported marriage was valid); and
Whereas, on (date), (Name of Husband) and/or (Name of Wife) commenced an action
(or proceeding) to annul the purported marriage on the following grounds: (describe),
which action (or proceeding) is now pending before the (Name of Court) of (Name of
County) and (Name of State). Since (date), Husband and Wife have been living
separate and apart; and
Whereas, it is the purpose of this Agreement to make a complete and final settlement of
all claims that either party may have against the other for (e.g., alimony), to provide
fairly and adequately for such matters, to memorialize the separation of the parties and
their agreement to remain separated, and to finalize their Agreements as to the division
and apportionment of the property, both real and personal; and
Whereas, to insure that each party has been fully informed and properly advised, each
party has been represented by independent legal counsel in connection with the
negotiations for and the drafting of this Agreement; and
Whereas, (Name of Wife's attorney) has represented Wife, and (Name of Husband's
attorney) has represented Husband;
Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:
I. Living Separate.
A. Husband and Wife shall, after the effective date of this Agreement, live
separate and apart, each free from the control of the other, whether direct or
indirect, as fully as if unmarried.
B. Each party may, after the effective date of this Agreement, reside at such
place as he or she may select.
II. No Molestation or Interference. Neither party shall molest or interfere with the
other nor compel or attempt to compel the other to live with the other, by any means,
including by legal action.
III. Property Owned by Husband. The following is a list of the Husband's separate
property:
(Name and Address of Bank):
--- (Checking Account):
---- (Savings Account):
--- (Certificate of Deposit):
--- (Other):
(Stock or Brokerage Account):
(Name and Address of Broker):
(Safe Deposit Number):
--- (Name and Address of Bank)
Stock: (Name; Stock Certificate Numbers; and Number of Shares)
--- (Name of Company):
--- (Number of Shares):
--- (Stock Certificate Numbers):
Life Insurance: (Face Amount):
--- (Policy Number):
--- (Name and Address of Company):
Automobile: (Year and Make):
Jewelry:
Misc. Personal Property:
Real Property: (street address, city, state, zip code):
Other Assets:
IV. Property Owned by Wife. The following is a list of the Wife's separate property:
(Name and Address of Bank):
--- (Checking Account):
---- (Savings Account):
--- (Certificate of Deposit):
--- (Other):
(Stock or Brokerage Account):
(Name and Address of Broker):
(Safe Deposit Number):
--- (Name and Address of Bank)
Stock: (Name; Stock Certificate Numbers; and Number of Shares)
--- (Name of Company):
--- (Number of Shares):
--- (Stock Certificate Numbers):
Life Insurance: (Face Amount):
--- (Policy Number):
--- (Name and Address of Company):
Automobile: (Year and Make):
Jewelry:
Misc. Personal Property:
Real Property: (street address, city, state, zip code):
Other Assets:
V. Property Owned Jointly by Husband and Wife.
(Name and Address of Bank):
--- (Checking Account):
---- (Savings Account):
--- (Certificate of Deposit):
--- (Other):
(Stock or Brokerage Account):
(Name and Address of Broker):
(Safe Deposit Number):
--- (Name and Address of Bank)
Stock: (Name; Stock Certificate Numbers; and Number of Shares)
--- (Name of Company):
--- (Number of Shares):
--- (Stock Certificate Numbers):
Life Insurance: (Face Amount):
--- (Policy Number):
--- (Name and Address of Company):
Automobile: (Year and Make):
Jewelry:
Misc. Personal Property:
Real Property: (street address, city, state, zip code):
Other Assets:
VI. Property Apportioned to Wife.
A. The following items of property are (transferred or restored) to Wife, free
of all claim and demand of Husband: (describe).
B. Each item of property (transferred or restored) to Wife is taken subject to
all encumbrances and other obligations to which such items may be subject. Wife
shall pay and discharge all such encumbrances and obligations and hold
Husband free from such encumbrances and obligations.
VII. Property Apportioned to Husband.
A. The following items of property are (transferred or restored) to Husband,
free of all claim and demand of Wife: (describe).
B. Each item of property (transferred or restored) to Husband is taken subject
to all encumbrances and other obligations to which such items may be subject.
Husband shall pay and discharge all such encumbrances and obligations and
hold Wife free from such encumbrances and obligations.
VIII. Execution of Instruments. Each party shall promptly execute and deliver to the
other party or to any nominee of the other party, all instruments that may be necessary,
convenient, or appropriate to carry into effect all the provisions of this Agreement, and
appropriate mutual releases.
IX. Release of Proper