[MARYLAND] VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT This agreement made this _____ day of _________________, , by and between Jane Doe hereinafter referred to as the “Wife” and John Doe, hereinafter referred to as the “Husband”. I - INTRODUCTION PARAGRAPH 1. The Parties to this Agreement were married on . , in
PARAGRAPH 2. ,
There was one Child born of this marriage, namely, Mary Doe, born hereinafter referred to as “the Child”.
PARAGRAPH 3. Because of disputes and differences which have arisen between the Husband and Wife, they have voluntarily and mutually agreed to live separate and apart as of . PARAGRAPH 4. Without waiving any ground for divorce, which either of them may now or hereafter have against the other, the Parties feel that it is in their mutual best interest, and in the best interest of the Child, to enter into this Agreement to formalize this separation, to settle their respective property rights and all other matters growing out of their marriage. PARAGRAPH 5. Both Parties understand the facts and have been fully informed concerning their respective rights and liabilities including their right to seek independent legal council, and they fully understand the terms, conditions and provisions of this Agreement, and they believe it to be fair, just, adequate and reasonable to each of them. PARAGRAPH 6. Both Parties know of the extent, value and character of the properties owned by them separately or jointly and of their respective means, obligations and needs. PARAGRAPH 7. The Parties want to conclude settlement of all questions relating to their property rights, to the custody and support of the Child, to the maintenance and support of each of the Parties by the other, and to all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise.
PARAGRAPH 8. In consideration of the mutual promises made in this Agreement and of the acts to be done by the Parties to the Agreement, it is agreed as follows. II - SEPARATION PARAGRAPH 9. The Parties acknowledge that they mutually agreed to live separate and apart and have voluntarily lived separate and apart as of . The Parties did in fact separate on that date and have lived separate and apart without cohabitation since that date. PARAGRAPH 10. The Parties shall live separate and apart, each Party being free from interference, authority or control, direct or indirect, from each other, as if each were single and unmarried, except in regard to the relations duties and obligations set forth herein. Neither Party shall interfere with the other or attempt to compel the other to cohabit or dwell with him or her. III - DEBTS OF THE PARTIES PARAGRAPH 11. The Husband covenants and warrants that there are no outstanding marital debts or liabilities for which the Wife may be liable, but about which Wife has no knowledge. The Wife covenants and warrants that there are no outstanding marital debts or liabilities for which the Husband may be liable, but about which the Husband has no knowledge. PARAGRAPH 12. The Husband agrees to pay the following debts and liabilities of either or both of the Parties as of the date hereof:. PARAGRAPH 13. Each Party agrees not to incur any charge or obligation after the date of this agreement for which the other Party might be liable or responsible. IV - ECONOMIC MARITAL RIGHTS PARAGRAPH 14. The Husband hereby waives any claim which he might have had, might now have, or might have in the future, to alimony or support and maintenance, either temporary or permanent in nature from the Wife. It is the intent and express agreement of the Parties that no court shall have the right or power to modify this provision. PARAGRAPH 15. The Wife hereby waives any claim which she might have had, might now have, or might have in the future, to alimony or support and maintenance, either temporary or permanent in nature from the Husband. It is the intent and express agreement of the Parties that no court shall have the right or power to modify this provision. PARAGRAPH 16. Any retirement plan, pension or profit-sharing plan or account of the Husband shall be his sole and separate property, and the Wife waives any and all claims thereto or interest therein including, without limitation, any right to a survivor annuity. The 2
Wife consents to any designation of beneficiary by the Husband with respect to such plan accounts or the value thereof and agrees to execute any spousal consent necessary to effectuate this provision. PARAGRAPH 17. The Parties expressly agree that each of them hereby waives any claim which each may have had may now have, or may have in the future to have any Court assign or equitably distribute the Parties’ property or to grant them a monetary award equitably dividing their marital property, except as expressly provided for in this Agreement. It is the intent and express agreement of the Parties that no court shall have the right or power to modify this provision. PARAGRAPH 18. Until the date of the Parties’ divorce, the Husband shall maintain on behalf of the Wife, hospitalization, major medical, and dental insurance. PARAGRAPH 19. The Husband agrees that he will maintain life insurance in an amount not less than $100,000.00 until the Child reaches the age of twenty four. The Child shall be the beneficiary of this life insurance policy. V - CUSTODY OF THE MINOR CHILD PARAGRAPH 20. The best interest and welfare of the Parties’ Child is of paramount consideration for the Parties. They shall make every effort to foster the respect and affection of the Child for the Parties and shall do nothing which would in any way estrange the Child from the other Party, or which would injure the opinion of the Child for the other Party, and each Party shall exert every reasonable effort to maintain free access and unhampered contact between the Child and each of the Parties.
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PARAGRAPH 21. The Wife shall have sole physical custody of the Child with both Husband and Wife having joint legal custody. The Wife shall consult the Husband regarding major life decisions affecting the Child, including but not limited to, major health care decisions, and decisions affecting the Child’s education, religion and extra-curricular activities. The Husband shall have liberal rights of visitation with the Child. PARAGRAPH 22. While the Child is with the Wife, the Husband shall have reasonable telephone access with the Child. While the Child is with the Husband, the Wife shall have reasonable telephone access with the Child. PARAGRAPH 23. The Parties agree to keep each other informed of the whereabouts of the Child when she is with the Husband or Wife respectively and they mutually agree that if either of them has any knowledge of any illnesses or accidents, or other material circumstances affecting the Child’s health, education or general welfare, the Husband or the Wife, as the case may be, will promptly notify the other of such circumstances. VI - CHILD SUPPORT PARAGRAPH 26. On the date of , Child support payments will be the amount required according to the Maryland Child Support Guidelines. Child support shall continue until the Child reaches the age of 18 years, or gets married, or goes on full-time active duty in the United States Armed Forces or becomes fully emancipated. PARAGRAPH 27. The Husband shall maintain hospitalization, major medical and dental insurance comparable to the existing coverage on the Child’s behalf. Said coverage shall continue until the Child reaches the age of eighteen and thereafter for so long as the Child is eligible to be covered. Said insurance coverage does not have to continue if the Child gets married, goes on full-time active duty in the United States Armed Forces or becomes fully emancipated. The Husband and Wife agree to share evenly the costs of medical costs for the Child to the extent such costs are not covered by the Husband’s insurance. PARAGRAPH 28. The Husband and Wife agree to share evenly the costs, as the same are incurred, the of any reasonable medical, dental, orthodontic, psychological, psychiatric, counseling, nursing and hospital expenses, including the costs of medicine, drugs, therapy, orthodontry and appliances prescribed by a physician or dentist of the Child, not covered by the hospitalization and major medical insurance or dental insurance. PARAGRAPH 29. Until the Child reaches the age of twenty four, Husband and Wife agree, to the best of their financial ability, to share equally, all expenses for the Child’s undergraduate college education, including, but not limited to, registration fees and tuition, necessary books, room and board, laboratory fees, and the reasonable cost of travel between home and school at the commencement and end of each school term. VI - PERSONAL PROPERTY
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PARAGRAPH 30. The Parties have agreed to a division of all furniture, furnishings, equipment and personal effects of the Parties and the property now in the possession of each shall hereafter be their respective sole and separate property. The Wife agrees to transfer to the Husband, all of her right, title and interest in the Parties’ jointly owned automobile. Said automobile will then be the Husband’s sole and exclusive property. PARAGRAPH 31. The Parties’ joint bank accounts at shall be the Husband’s sole and separate property, and the Wife releases the husband from any claim to such accounts or to the income therefrom. VII - REAL PROPERTY PARAGRAPH 32. The Parties’ own, as tenants by the entireties, in fee simple, the real property located at 123 Main St., Carleton, MD, hereinafter referred to as the “Carleton Property”. Said property is subject to a lien of a mortgage. PARAGRAPH 33. On or before the execution of this agreement, the Wife shall transfer all of her right, title and interest in the Carleton property to the Husband. Starting with the mortgage payment due on , the Husband shall be solely responsible for payment of the indebtedness represented by a lien of a first mortgage on the Carleton property and he agrees to indemnify and hold harmless the Wife against any liability with respect thereto or arising therefrom.
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PARAGRAPH 34. The Husband shall cause the new deed to be timely recorded following delivery thereof at his sole cost and expense. Hereafter, the Husband shall pay the costs and expenses of maintenance and repair of the Carleton property without any contribution thereto or reimbursement therefor from the Wife. The Husband shall be entitled to claim all deductions relating to the Carleton property on his tax returns in and subsequent years. VIII - ATTORNEY’S FEES PARAGRAPH 35. The Parties agree that each shall pay for their own attorney’s fees, costs and expenses arising out of their marriage or otherwise; provided however, that each of the Parties hereto agrees that if he or she shall hereafter breach this agreement in any respect, he or she shall pay the reasonable attorney’s fees, costs, and expenses incurred by the other Party as a result of said breach. IX - TAX RETURNS PARAGRAPH 36. On all separate federal and state income tax returns hereafter filed, as between the Parties, the Husband shall be entitled to claim the Child as his dependent for the tax years and , provided that the Husband is current on the payment of his Child support obligations as of December 31 of each year in which he is entitled to such dependency exemptions. If the Husband is not current on his child support obligations then the wife shall be entitled to claim the Child as her dependent. After the tax years and , the wife shall be entitled to claim the Child as her dependent on all of her separate federal and state income tax returns. PARAGRAPH 37. For the tax year Carleton , regardless of the Parties’ filing status, the Parties shall evenly divide any tax refund or liability with the state of Maryland and or the federal government. X - RELEASE AND WAIVER PARAGRAPH 38. Except as otherwise provided in this Agreement, each of the Parties shall hereafter have and enjoy independently of any claim or right of the other Party, all items of real and personal property, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to dispose of the same as fully as though he or she were married. PARAGRAPH 39. The Wife waives her right to inherit from the Husband and her statutory share and her right to administer his estate in the event of his death. The Husband waives his right to inherit from the Wife, and his statutory share and his right to administer her estate when she dies.
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PARAGRAPH 40. Except as otherwise stated in this Agreement, this Agreement shall constitute a full and complete settlement and release of all claims and demands of every nature or kind by one Party against the other including, but not limited to, all rights, whether statutory or arising at common law, incident to the marriage relation and the provisions hereof shall not be subject to any court modification. Hereafter neither Party shall require anything of the other, except as provided in this Agreement. XI - DIVORCE PROCEEDINGS PARAGRAPH 41. Nothing herein contained shall be deemed to prevent either of the Parties from maintaining a suit for a limited or absolute divorce on any grounds now or hereafter available to such Party. PARAGRAPH 42. If an action for divorce is instituted, this Agreement shall be presented to the Court for its ratification and approval but this Agreement shall not merge in any judgment of any such Court and shall in all respects be independent of the same and be forever binding and conclusive upon the Parties. XII - GENERAL PROVISIONS PARAGRAPH 43. Each Party acknowledges that he and she has had the advice of independent counsel of his or own choosing, or the opportunity to obtain such counsel, in the negotiation and execution of this Agreement and that the transfers and agreements provided herein constitute a fair, reasonable and adequate settlement of their respective rights and obligations, and that this Agreement is signed voluntarily. PARAGRAPH 44. Both Parties agree to execute such instruments, documents of further assurances, including deeds, assignments or conveyances as may be necessary to carry out the intent and purpose of this Agreement. PARAGRAPH 45. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or different nature. PARAGRAPH 46. If any provision of this Agreement is held to be invalid or unenforceable, all of the other provisions shall nevertheless, continue in full force and effect. PARAGRAPH 47. This Agreement contains the entire understanding of the Parties, and there are no representations, warranties, covenants, or undertakings of, by or between the Parties other than those expressly set forth herein.
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PARAGRAPH 48. Except as otherwise stated herein, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the Parties. PARAGRAPH 49. This Agreement shall be construed and interpreted in accordance with the laws of Maryland. Any legal action taken pursuant to this agreement, excluding child support and custody but including divorce and alimony, shall be brought in the State of Maryland. In addition, the fact that this Agreement was prepared or revised by a particular Party shall not be admissible in evidence nor considered in the construction or interpretation of this Agreement.
___________________________ JANE DOE
State of ____________________, _______________ County, to wit: I hereby certify that on this ____ day of __________, 199___, the above-named Jane Doe, personally appeared before me and made oath in due form of law that the matters and facts set forth in the foregoing Agreement with respect to the voluntary separation of the Parties are true and correct as therein stated and acknowledged that the said Agreement is in fact her act and deed and that she has full understanding thereof. As witness my hand and Notarial Seal.
____________________________ NOTARY PUBLIC MY COMMISSION EXPIRES:
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___________________________ JOHN DOE
State of ____________________, _______________ County, to wit: I hereby certify that on this ____ day of __________, 199___, the above-named John Doe, personally appeared before me and made oath in due form of law that the matters and facts set forth in the foregoing Agreement with respect to the voluntary separation of the Parties are true and correct as therein stated and acknowledged that the said Agreement is in fact his act and deed and that he has full understanding thereof. As witness my hand and Notarial Seal.
____________________________ NOTARY PUBLIC MY COMMISSION EXPIRES:
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