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Filing a Marital Settlement Agreement

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Filing a Marital Settlement Agreement Powered By Docstoc
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 Enter the name of the           STATE OF WISCONSIN, CIRCUIT COURT,                                       For Official Use
 county in which this case                                                                 COUNTY
 is filed.

 Enter the name of the           In RE: The marriage of
 petitioner. If joint
 petitioners, enter the name     Petitioner/Joint Petitioner-Wife:
 of the wife.

                                 First name                  Middle name      Last name
                                                                                                                 Proposed Marital
                                 and                                                                                Settlement
 Enter the name of the           Respondent/Joint Petitioner-Husband:                                             With Minor Children
 respondent. If joint
 petitioners, enter the name                                                                                      Divorce-40101
 of the husband.                 First name                 Middle name       Last name                           Legal Separation-40201

 Check divorce or legal
 separation.                                                                                              Case No.
 Enter the case number.


 Check 1 or 2.
                                 I REQUEST THAT THE COURT GRANT THE FOLLOWING:
 If 2, enter the reason you
 are asking for a legal          A. MARITAL RELATIONSHIP
 separation and not a               1.  Divorce: This marriage is irretrievably broken.
 divorce.                           2.  Legal Separation: This marriage is brok en and the reason I am requesting a legal
                                         separation and not a divorce is
 Check a, b, or c.
                                 B. MAINTENANCE (Spousal Support)
 If b, enter a date and             1. For the Wife:
 choose 1 or 2.                       a.    The wife gives up her right to receive maintenance. She understands that by giving
                                             up maint enance at this time, she may never ask for maint enance.
 If 1, enter the reasons.             b.    The wife is not requesting maintenance at this time, but leaves open her right to request
                                             it until                   . Her right to request maintenance is limited to:
 If c, enter the
                                             1.      the following circumstance(s ) only:
 maintenance amount and
                                             2.      any appropriate substantial change in circumstanc e.
 the month and year the
                                      c.    The husband shall pay maintenance to the wife in the amount of $              per
 payments should begin
                                             month beginning on the first day of the month of                       , 20          .
 and end.
                                             Maintenance shall end on the last day of the month of                   20           ,
                                             or until the wife remarries, dies, or by court order, whichever comes first.

 Check a, b, or c.                     2. For the Husband:
                                         a.    The husband gives up his right to receive maint enance. He understands that by
 If b, enter a date and
                                                giving up maintenance at this time, he may never ask for maintenance.
 choose 1 or 2.
                                         b.    The husband is not requesting maintenance at this time, but leaves open his right to
                                                request it until                 . His right to request maintenance is limited to:
 If 1, enter the reasons.
                                                1.    the following circumstance(s ) only:
 If c, enter the                                2.    any appropriate substantial change in circumstanc e.
 maintenance amount and                  c.    The wife shall pay maintenance to the husband in the amount of $
 the month and year the                         per month beginning on the first day of the month of                      20        .
 payments should begin                          Maintenance shall end on the last day of the month of                    , 20       ,
 and end.                                       or until the husband remarries, dies, or by court order, whichever comes first.




      FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                     This form shall not be modified. It may be supplemented with additional m aterial.
                                                                           Page 1 of 10
    Proposed Marital Settlement With Minor Children                            Page 2 of 10                       Case No.     __________


                                     3. Payments shall be made:
  Enter a or b.
                                        a.  No payments are ordered to be made.
                                        b.  to the Wisconsin Support Collections Trust Fund (WI S CTF) at Box 74200,
  If b, check 1 or 2. If 2,
                                             Milwaukee, Wisconsin 53274-0200:
  enter the employer
                                                1.   directly from the payer to WI SCTF (only allowable if self-employed).
  information.
                                                2.   by income assignment from the pay er’s employer as indic ated below:
                                                                Employer name
                                                                Address of payroll office
                                                                City                         State              Zip
                                                                Phone                        Fax

                                     4. Arrearages for Previously Ordered Maintenance: The amount of the maintenance
Note: An arrearage is an                arrears owed to a party shall be paid as follows:
amount ordered that has                 a.   No maint enance was previously ordered. There is no amount due.
not been paid and is                    b.   The party has paid all maintenance as ordered. There is no amount due.
overdue.
                                        c.   If there are any arrearages for maintenance now or at the time of the final hearing,
Check a, b, c or d.                            those arrearages are waived and the court financial record shall be set to zero.
                                        d.   The parties propose that the amount of the arrears:
If d, check 1 or 2 and
                                                1.    shall be set as follows: $
enter the arrearage
                                                2.    shall be determined by the court at the time of the final hearing.
amount.
                                                       and shall be paid and earn interest at the rate of          % per year and
If 2, enter the interest                               payment shall be made as:
rate and check A or B. If                              A.    a one-time payment to the WI SCTF made by (date)                         .
A, enter the date. If B,                               B.    through monthly income withholding by the WI SCTF in the amount of
enter the amount of the                                      $                      beginning on the first day of the
monthly payment and the
                                                             month of              , 20        until the arrearages are paid in full.
month and year the
payments shall begin.
                               C. MEDICAL INSURANCE
                                  No later than the date of the final hearing, each party shall notify the other party in writing of
                                  the availability of COB RA or ot her continuation benefits under their current health care policy.
For each debt owed
                               D. DEBTS AND LIABILITIES
individually or jointly,
                                  The following is a listing of ALL the debts and liabilities that we presently owe (either individually
write the name, current
                                  or as a couple) and who I propose shall be responsible for the payment of each debt:
balance, and check who
                                                                                                                        To be Paid      To be Paid
will be responsible for
                                                        Creditor’s Name                            Balance               by Wife       by Husband
payment.
                                                                                              $
Note: Any and all debts                                                                       $
disclosed on the parties’                                                                     $
Financial Disclosure                                                                          $
Statements that are still                                                                     $
unpaid should be
                                                                                              $
included here and
divided between the                                                                           $
parties. Any new debts                                                                        $
incurred should also be                                                                       $
listed and divided.                                                                           $
                                                                                              $
If more space is
                                                                                              $
necessary, attach
additional sheets.                                                                            $
                                                                                              $
                                                                                              $
                                                                                              $
                                                                                              $

    FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                   This form shall not be modified. It may be supplemented with additional m aterial.
                                                                       Page 2 of 10
    Proposed Marital Settlement With Minor Children                               Page 3 of 10                    Case No.     __________

                                   The parties understand that:
                                      Each party assigned a debt shall be fully responsible for that obligation and
                                        shall not make any demands upon the other party concerning that debt.
                                      Any debt not listed shall be the responsibility of the party who incurred it and that party
                                        shall not make any demands upon the other party concerning that debt.
                                      Creditors are NOT bound by this proposal and eac h party remains liable to creditors for
                                        all marital debts.
                                      Any party who suffers a loss because of a failure of the other party to pay an assigned
                                        debt may enforce that obligation by a motion for contempt of court.

                               E. PERSONAL P ROP ERTY DIVISION
                                  1. Divi sion: The parties agree to the final personal property division as indicated below:

Co mplete this section             List the property and check if the wife or husband
                                   will have permanent use of the property once the                         Who will have possession?
with as much detail as
possible.                                    divorce/legal separation is final.
                                                                                                            Wife = W             Hus band = H
Note: There are two
types of property. “Real                                                   Household Items                                                W           H
estate” includes such
things as homes and land.
“Personal property”
includes all other things
such as vehicles, clothing
and other personal items,                                                    Automobiles
                                                                                                                                          W           H
furniture, bank accounts,                                                  Year, Make, Model
and retirement or
investment accounts.

Note: If you have
already divided the                                                         Life Insurance
property, you must still                                                                                                                  W           H
                                                                       Name of Company & Policy #
disclose how you divided
it below.
                                                                          Busine ss Intere sts
                                                                                                                                          W           H
                                                                       Name of Business & Address
Note: Any and all
assets disclosed on the
parties’ Financial                          Securities: Stock s, Bonds, Mutual Funds, Commodity Accounts
Disclosure Statements                                                                                                                     W           H
                                                             Name of Company & # of shares
should be included
here and divided
between the parties.
If the parties have
                                                           Pension, Retirement Accounts,
disposed of an asset
                                              Deferred Compensation, 401K Plans, IRAs, Profit Sharing, etc.                               W           H
fro m the time the
                                                           Name of Company & Type of Plan
Financial Disclosure
was done, to the final
hearing, please
indicate what was
disposed and what
happened to it.                                       Cash and Deposit (Savings & Checking) Accounts
                                                                                                                                          W           H
                                                             Name of Bank or Financial Institution




    FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                   This form shall not be modified. It may be supplemented with additional m aterial.
                                                                          Page 3 of 10
     Proposed Marital Settlement With Minor Children                              Page 4 of 10                     Case No.     __________
                                                                        Other Personal Property
                                                                                                                                           W           H
                                                                          Description of Asset
If more space is
necessary, mark the box
and attach additional
sheets.
                                                                                                                  See attached
                                      2. Exchange: The following items still need to be exchanged between the parties :
Check a or b. and list
Indicate when If b, how                  a.    None: all personal property has already been exchanged to the satisfaction of
the exchange of
any items and indicate                          both parties.
when and how any
property will take                       b.    List of items:
exchange of personal
place.                                         The exchange of personal property shall be made by (date)
property will take place.                      according to the following arrangements:


                                                  Any item of personal property not listed in #2(b) above shall be awarded to the
                                                  party who has possession at the time of the final hearing.
Check 1 or 2.
If 2, and the parties own       F. DIVISION OF REAL ESTATE
                                   1.   Neither party owns any real estate at this time.
a primary residence,
                                   2.   One or both parties own real estate at this time.
check a.
                                         a.   Primary Residence: The parties own a primary residence located at:
If a, enter the address and                    Address
Parcel Identification                          City                                    State                Zip
Number, which can be
                                               Parcel Identification Number (Tax Key Number)
found on your real estate
                                                             Attached is a legal description of thi s property.
tax bill.
                                               1.     The primary residence shall be awarded to the:
Attach a copy of the                                  A.     wife
legal description.                                    B.     husband
Check 1 or 2.                                         and that party shall be responsible for outstanding financial obligations, and
                                                      the other party shall be held harmless from any liability. Other provisions
If 1, check A or B and                                including refinancing requirements, if any:
enter other provisions, if                                                                                               See attached
any.                                           2.     The residence shall be placed on the market for sale.
If 2, check 1, 2, 3, or 4 in                          A. Pending sale, the mortgage, taxes, and insurance shall be paid by:
A or 1, 2, 3, or 4. in B                                     1.     wife.
for the responsibility for                                   2.     husband.
other expenditures that
occur while the property                                     3.     shared equally.
is being sold.                                               4.     shared as follows:
                                                      B. Pending sale, any necessary repairs, special assessments and other
                                                          sale-related expenses shall be paid by:
Enter the percentage each                                    1.     wife.
party shall receive in a                                     2.     husband.
and b. The total amount                                      3.     shared equally.
must equal 100%.                                             4.     shared as follows:
                                                      The money from the sale of this residence shall be used to pay the usual
                                                      costs of a sale and prorations, and any balanc e on the existing mortgage.
                                                      Upon payment of all costs, the proceeds left from the sale shall be
                                                      divided between the parties as follows:
If the parties own other
                                                          a. The wife to receive                      %.
real estate (including any
                                                          b. The husband to receive                   %.
timeshare interests),
                                         b.   Other Real Estate: One or both of the parties own additional real estate,
check b, complete the
                                              including any timeshare interests, which is disclosed and divided as set forth in
attached Schedule A
                                              the attached Schedule A.
found at the end of this
document.                                Transfer of Title: This proposed marital settlement agreement alone will not trans fer title
                                         to one party or the ot her, but such a transfer requires a fully executed Quit Claim Deed
     FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                    This form shall not be modified. It may be supplemented with additional m aterial.
                                                                          Page 4 of 10
    Proposed Marital Settlement With Minor Children                                Page 5 of 10                   Case No.     __________
                                        and a Wi sconsin Real Estate Transfer Return signed by the parties. The party
                                        awarded a parcel of real estate shall be res ponsible for having the necessary documents
                                        prepared.

                                G. EQUALI ZATION OF MARITAL PROP ERTY DIVISION
  If 1, check a or b.             1.   No payment is required to be made to equalize the marital property division bec ause:
  If 2, enter the amount.               a.        the property and debt division are equalized to the satisfaction of the parties .
                                        b.        equalization has been accomplished through a division of real estate sale proceeds.
  In a, check 1 or 2.             2.   A payment of $                            is required to equalize the marital property division.
  In b, check 1, 2 or 3.                a. This payment shall be made by the:
  If 2, enter the date                     1.       wife to the husband.
  [month, day, year].                      2.       husband to the wife.
  If 3, enter the amount                b. This payment:
  and date.                                1.       has already been made.
                                           2.       shall be made in a lump sum payment no later than (date)                         .
                                           3.       shall be paid in the amount of $                           per month beginning
  In c, enter the
  percentage and check                               on the first day of the month of                         , 20                   .
  1 or 2.                               c. The amount shall earn interest until paid in full at the rate of              % per year:
                                           1.       from the date of the final hearing.
                                           2.       from the date the payment was due.
                               H. TAX ES
                                  1. Year of Divorce/Legal Separation:
                                      The parties agree to file their income tax returns for the year of the divorce/legal
                                        separation consistent with the rules of the IRS, Wisconsin Department of Revenue,
                                        and Wisconsin’s Marital Property law.
                                      The parties understand that their marit al status on the last day of the year determines
                                        their filing status for that year, whether married or single.
In 2, check a or b.
                                      The parties acknowledge that each is responsible for seeking tax advice from a tax
                                        professional with regard to issues of this divorce/leg al separation.
If b, check 1 or 2.               2. Years Before Divorce/Legal Separation:
                                        a.      Tax returns for all previous years have been filed.
If 2, indicate how the
                                        b.      The parties agree to file returns for the previous tax years as follows:
parties agree to handle
                                                1. share preparation expens es, tax liability and/or refund equally.
the filing (expense and
                                                2. Other:
refund, if any).

Check 1, 2, or 3.              I. LEGAL NAME RESTORATION
                                   1.  Neither party requests the right to use a former legal surname.
If 2 or 3, enter the               2.  The wife requests the right to use a former legal surname of
former legal surname.              3.  The husband requests the right to use a former legal surname of
                                   Note : If this is an action for legal separation, the court cannot allow a spouse to resume a former legal
                                           surname unless and until the judgment is converted to a divorce.

Enter the name, date of        J. LEGAL CUSTODY OF MI NOR CHILDREN
birth [month, day,                 The minor children (age 17 or younger) born to or adopted together by the parties, before or
year], of each child               during the marriage, are listed below and the legal custody of each shall be as follows:
and check custody                                                                  Joint       Sole Legal        Sole Legal
option.                                                                            Legal       Custody to       Custody to
                                        Name of Child              Birth Date     Custody         Mother           Father
Note: To include more
detail, check the box
and attach a parenting
plan or other separate
description.



                                                                       Also see attached parenting plan or other separate description.

    FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                   This form shall not be modified. It may be supplemented with additional m aterial.
                                                                           Page 5 of 10
     Proposed Marital Settlement With Minor Children                            Page 6 of 10                       Case No.     __________
                                    In a sole legal custody arrangement, the parent not grant ed sole legal custody, shall file a
                                    medical history form with the court in compliance with §767. 41(7m) Wis. Stats.

Note: Physical                  K. PHYSI CAL PLACEMENT OF MI NOR CHILDREN
Placement means where              The physical placement of the minor children shall be as follows:
the child lives or spends                                                                     Shared               Primary Primary
their time.                              Name of Minor Child                                                       w/Mother w/Father
Shared placement occurs
when a child spends at
least 25% or 92 days per
year with each parent.
Otherwise one parent is
considered to have
primary placement.
Enter the names of the                        and the placement schedule shall be as follows:
children. Check shared,
                                              a.    as listed in the attached parenting plan and/or schedule.
primary mother or
primary father for each                       b.    as follows:
child.
Check a or b. If a, attach
parenting plan and/or a
schedule. If b, describe
how placement will be
shared.                                                                                                                           See attached
                                L. CHILD S UPPORT
                                   1. The child support is based on: (All calculations are based on gross income)
                                                17% for one child.
Note: Child Support                             25% for two children.
generally includes costs                        29% for three children.
for food, shelter,                              31% for four children.
clothing, transportation,
personal care and                               34% for five or more children.
incidental recreational                         split-placement formula.
costs.                                          shared-placement formula.
For 1, check the                                serial-family payer formula.
appropriate method of
calculation.                                    low-income payer formula.
                                                high-income payer formula.
Check a, b, or c. If a or                       If not based on options above, explain:
b, enter the amount and
the month and year the              2. Child support shall be paid as follows:
payment shall begin.                   a.     The husband shall pay child support to the wife in the amount of $      per month,
If c, enter the reason
[reference §767.511(1m)]                      beginning on the first day of the month of                              , 20       .
for a listing of the factors           b.     The wife shall pay child support to the husband in the amount of $         per month,
by which a court can                          beginning on the first day of the month of                                , 20       .
deviate from child                     c.    No child support shall be ordered from either party at this time because
support standards).                                                                                                                .
Note: For more
information on DCF 150,               3. Payments shall be made:
contact your local Child                 a.  No payments are ordered to be made.
Support Agency.                          b.  to the Wisconsin Support Collections Trust Fund (WI S CTF) at Box 74200,
                                              Milwaukee, Wisconsin 53274-0200:
In 3, enter a or b.                              1.   directly from the payer to WI SCTF (only allowable if self-employed).
                                                 2.   by income assignment from the pay er’s employer as indic ated below:
If b, check 1 or 2. If 2,                                        Employer name
enter the employer                                               Address of payroll office
information.
                                                                 City                         State              Zip
                                                                 Phone                        Fax



     FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                    This form shall not be modified. It may be supplemented with additional m aterial.
                                                                        Page 6 of 10
    Proposed Marital Settlement With Minor Children                                 Page 7 of 10                  Case No.     __________
                                     4. Arrearages for Child Support: The amount of the child support arrears owed to a party
Check a, b, c or d.                     shall be paid and earn interest at the statutory interest rate. Payments shall be made as
                                        follows:
If d, check 1or 2. If 1,                a.    No child support was previously ordered. There is no amount due.
enter arrearage amount.                 b.    The party has paid all child support as ordered. There is no amount due.
If 2, check A or B. If A,               c.    If there are any arrearages for child support now or at the time of the final hearing,
enter the date. If B, enter                   those arrearages are waived and the court financial record shall be set to zero.
the amount of the                       d.    I propose that the amount of the arrears:
monthly payment and the                         1.    shall be set as follows: $                           .
month and year the                              2.    shall be determined by the court at the time of the final hearing
payments shall begin.                                 and shall be paid as:
                                                       A.     a one-time payment to the WI SCTF made by (date)                      .
                                                       B.     through monthly income withholding by the WI SCTF in the amount of
                                                              $                     beginning on the first day of the
                                                              month of                 , 20        until the arrearages are paid in full.
In 5, enter the percentage
each parent shall pay.
                                     5. Variable costs (required only in cases of shared physical placement), which are
The total amount must                   those reasonable costs above basic support costs for a minor child, including but not
equal 100 %.                            limited to child care costs, tuition, a child’s special needs, and other activities that involve
Enter the number of days                substantial cost:
for each deadline.                      a. The parties shall consult with each other before inc urring any variable costs requiring
                                           reimbursement.
Note: Variable Costs are
                                        b. Shall be paid as follows (payments must be paid directly to the parent and cannot be
defined in DCF 150.02
(29). Variable cost                        made through WI S CTF):
orders are mandatory                       1. The wife to pay                  % of the variable costs.
only for shared                            2. The husband to pay               % of the variable costs.
placement situations.                   c. The request for reimburs ement for variable costs shall be made in writing within
                                           days from the day the cost was incurred. Each party shall pay the required
                                           percentage within            days from the date of the request.

                                   6. Deductions for Children as dependents and exemptions for income tax purposes:

Enter the name of each                                                  Mother        Father to    Mother to claim in        Father to claim in
child and then check the                                               to claim        claim in     even tax years;            even tax years;
box to indicate how the                  Name of Child                 in all tax       all tax    Father to claim in         Mother to claim
deduction will be                                                        years          years        odd tax years            in odd tax years
distributed.




                                  7. Any party ordered to pay child support may only claim the minor children as exemptions for
                                     federal and state income tax purpos es if he or she is current in payment of child support as
                                     of December 31 of the year in whic h he or she intends to claim the exemption, purs uant to
                                     DCF 150. 02(12).

                                  8. Each party shall cooperate in signing IRS Form 8332, or ot her appropriat e state or federal
                                     tax forms, as necessary, in order to carry out the options selected above.

                               M. MEDI CAL AND HEALTH CARE EXPENS ES
                                  1. Medical Insurance and Payments: The medical insurance coverage for the minor
                                     children including medical, dent al, orthodontic, hospital, psychiat ric, counseling, drug and

    FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                   This form shall not be modified. It may be supplemented with additional m aterial.
                                                                           Page 7 of 10
    Proposed Marital Settlement With Minor Children                            Page 8 of 10                       Case No.     __________
                                        other health expenses which is offered now or may be offered by a present or future
                                        employer shall be obtained and paid by:
                                        a.    both parties shall provide coverage.
Check a, b or c.
If b or c, enter the                    b.    The wife shall provide coverage and the husband shall pay $                 per month
amount, if any, that the                      directly to the wife to cover the difference between single and family coverage.
other parent will pay.                  c.    The husband shall provide coverage and the wife shall pay $                 per month
                                              directly to the husband to cover the difference bet ween single and family coverage.
                                        This person shall also provide the other parent with copies of policy information and
                                        insurance cards.

                                   2. Uninsured Health Care Expense s: Payments for health care expenses for the minor
Enter the percentage                  children not covered by insurance, including medical, dental, orthodontic, hospital,
that each parent will                 psychiatric, counseling, drug and ot her health expens es shall be paid as follows:
pay in a and b. The
total must equal 100%.                a. The wife to pay                      % of the total amount.
                                      b. The husband to pay                   % of the total amount.

                                   3. Reimbursements: Any request for reimburs ement from the other party for medical
                                      insurance and uninsured health care expenses shall be made in writing. The other party
Enter the number of                   shall pay their required percent age within           days after receiving a written
days for the deadline.                request.

                               N. LIFE INSURANCE
                                  Each party shall keep in full force and pay the premiums on all life insurance presently held
                                  upon his or her life, naming the minor children of the parties as sole primary beneficiaries in
                                  equal shares, until the youngest of the minor children reaches age of 18 or age 19 if they are
                                  pursuing a high school diploma or its equivalent. If current coverage is lost, the party wi th the
                                  current life insurance policies shall provide equivalent coverage. Each party propos es to
                                  furnish the ot her with proof of the named sole primary beneficiary upon request. This
                                  provision may be satisfied in a will or trust.
                                  a.    The parties do not currently have any life insurance policies in force.
Check a or b.                     b.    The following life insurance policies are currently in full force:

If b, enter the name of              Company Name                           Policy Number                     Name of Insured
the company who holds
the policy, the policy
number, and the name of
the party who the policy
currently insures.
                                   Neither party may borrow against any life insurance policy aft er the date of this proposal, nor
                                   use it as collateral, without the written consent of the other party.

                               O. OTHER PROP OSED AGREEMENTS
Check 1 or 2.                     1.   I have no other proposals, written or oral, concerning this marriage.
                                  2.   I have additional written proposals concerning this marriage, copies of which are
If 2, attach any additional            attached.
agreements.
                               P. UNDERSTANDI NGS
                                  I understand that:
                                     I could each get an attorney to review this proposed agreement.
                                     This form was provided as a convenience and may NOT cover all issues .
                                     These proposed agreements may have tax consequences and that seeking tax
                                        advic e is suggested.
                                     I have fully disclosed my income, debts, assets and liabilities to each other.
                                     Maintenance is deductible by the payer and taxable to the payee.
                                     Child support is NOT deductible by the payer or taxable to the payee.
                                     I believe that these legal custody and physical placement arrangements are in the
                                        best interests of the minor children at this time.


    FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                                   This form shall not be modified. It may be supplemented with additional m aterial.
                                                                       Page 8 of 10
Proposed Marital Settlement With Minor Children                            Page 9 of 10                       Case No.     __________
                                        Any court order regarding child support, legal custody, or physical placement is not
                                         final and may be modified under an appropriat e change of circumstances.
                                        If the court orders child support, financial information shall be exchanged
                                         annually. A party who fails to furnish the information as required by the court under
                                         this subsection may be proceeded against for contempt of court under ch. 785 Wis.
                                         Stats.
                                        Any court order regarding the division of property is final as of the date of the final
                                         hearing and can never be changed.
                                        There are certain legal pres umptions under Wisconsin law, such as:
                                            Marital property should be divided 50/50.
                                            Legal custody of minor children should be granted jointly to both parents.
                                            A child born or conceived during the marriage is pres umed to be the husband’s
                                               child.

                           Q. VOLUNTARY EXECUTION / NATURE OF P ROPOS ED AGREEMENT
                              I assume responsibility for the entire content of this proposed agreement. I have proposed
                              these agreements freely and voluntarily and not because of any undue influence. I believe
                              the terms to be fair and reasonable under the circumstances.
                                 I acknowledge that there may be substantial legal and tax implications with regard to this
                                 proposal. I understand that lack of knowledge of the law may not be sufficient to convince
                                 the court that relief from these provisions is required. I acknowledge that I have the right to
                                 seek the advice of my own personal attorney.

                           R. GENERAL RELEAS E
                              The parties are released from any claim of any nature that may exist. Neither party may, at
                              any time hereafter, sue the other, pers onal representatives, and assigns, for the purpose of
                              enforcing any or all of the rights relinquished and/or waived under this proposal. In the
                              event any suit shall be commenced, this release, when pleaded, shall constitute a complete
                              defense to any such claim or suit so instituted by the other party. I understand that this
                              general release shall not become effective until this Proposed Marital Settlement is
                              approved by the court.

                           S. FULL DIS CLOS URE AND RELI ANCE
                              I warrant that I have provided an accurate, complete, and current disclosure of all income,
                              assets, debts, and liabilities. I understand that deliberate failure to provide complete
                              disclosure constitutes perjury under § 767.127 Wis. Stats. and a fraud upon the court. The
                              property referred to in this proposed agreement represents all the property in which either
                              party has any interest. This proposed agreement is based on my financial disclosure
                              statement.

                           T. RESTRAINI NG ORDER
                              Neither party may interfere with the personal liberty of the other, or to go on the premis es
                              occupied by the other as a residence except with permission of that party.

                           U. EX ECUTION OF DOCUMENTS
                              Now, or in the future, on demand, the parties shall execut e and deliver any and all
                              documents that may be necessary to carry out the terms and conditions of thi s proposed
                              agreement.

                           V. DIVESTI NG OF PROP ERTY RIGHTS
                              Except as otherwise provided for in this proposed order, the parties give up all rights to the
                              property awarded to the other.
                                 All property awarded to a party shall be the separate property of that party.
                                 The parties shall have the right to manage our separate property as if we had never been
                                 married.




FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                    §767.34, Wisconsin Statutes
                               This form shall not be modified. It may be supplemented with additional m aterial.
                                                                   Page 9 of 10
   Proposed Marital Settlement With Minor Children                        Page 10 of 10                         Case No.       __________
                           W. SURVIVAL OF PROP OSED AGREEMENT AFTER JUDGMENT
                              The provisions of this proposed agreement shall survive any subsequent judgment of
                              divorce and shall have independent legal significance. This proposed agreement is a
                              legally binding contract, entered int o for good and valuable consideration. It is
                              contemplated that in the future either party may enforce this proposed agreement in this or
                              any other court of competent jurisdiction.

                           X. JURISDICTION
                              This county shall have jurisdiction for all disputes unless otherwise agreed to in writing or as
                              provided under Wisconsin Statutes.

                           Y. APPROV AL OF COURT REQUIRED
                              I submit this proposed agreement to the court for approval and request the court to
                              incorporate its terms in the final judgment. Once approved by the court, I understand that
                              either of us may enforce this proposed agreement in this or any other court of competent
                              jurisdiction.

                           Z.   WAIVER OF APP EARANCE
                                The court may proceed with the final hearing without further notice, and consent to judgment
                                being entered on the petition, pursuant to the terms of this Proposed Marital Settlement
                                even if the respondent or one of the joint petitioners does not appear.
The party
who is                                                               
proposing                                                                                                                 Signature
the above
agreements                                                                                                            Print or Type Name
must sign.
Enter the
                                                                                               Date
date on
which
he/she
signed.

Note: This
signature
does not
need to be
notarized.
 If the other                                                        
 party does                                                                                                               Signature
 later agree
 with your                                                                                                            Print or Type Name
 proposal
 you may                                                                                                                    Date
 have
 him/her
 sign and
 print
 his/her
 name.
 Note:
 This
 signature
 does not
 need to
 be
 notarized.
                                            State of Wisconsin, Child Support Agency
If either party is receiving                                 Approved
public assistance or there is                                Not Approved
a case worker from the                                       Not Required
Child Support Agency
assigned to your case, you
    FA-4152V, 01/09 Proposed
must take this agreement to Mar ital Settlement With Minor Children                                                     §767.34, Wisconsin Statutes
                                 This form shall not be modified. It may be supplemented with additional m aterial.
the Child Support Agency in                                            Page 10 of 10
your county for their
approval.
   Proposed Marital Settlement With Minor Children                           Page 11 of 10                       Case No.     __________
                                                                                                         Authorized Signature

                                                                                                         Print or Type Name

                                                                                                                 Title

                                                                                                                Date
If a Guardian ad Litem has                        Guardian ad Litem
been appointed to your case,                             Approved
you must take this                                       Not Approved
agreement to the GAL for                                 Not Required (no GAL has been appointed)
his/her approval.

If not, mark not required.                                                                               Authorized Signature

                                                                                                         Print or Type Name

                                                                                                                 Title

                                                                                                                Date




   FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                      §767.34, Wisconsin Statutes
                                  This form shall not be modified. It may be supplemented with additional m aterial.
                                                                      Page 11 of 10
                                             SCHEDULE A – DIVISION OF OTHER REAL ESTATE
        A.     Parcel 2: The parties own other real estate located at:
                 Address
                City                                   State                                                        Zip
                Parcel Identification Number (Tax Key Number)
                                         Attached is a legal description of this property.
                     1.   The real estate shall be awarded to the:
                           a.     wife
                           b.     husband
                                 and that party shall be responsible for outstanding financial obligations, and the other party shall be
                                 held harmless from any liability. Other pro visions including refinancing requirements, if any:
                                                                                                                            See attached
                     2.   The residence shall be placed on the market for sale.
                           a. Pending sale, the mortgage, taxes, and insurance shall be paid by:
                                    1.   wife.
                                    2.   husband.
                                    3.   shared equally.
                                    4.   shared as follows:
                           b. Pending sale, any necessary repairs, special assessments and other sale-related expenses shall be
                              paid by:
                                    1.   wife.
                                    2.   husband.
                                    3.   shared equally.
                                    4.   shared as follows:
                              The money from the sale of this real estate shall be used to pay the usual costs of a sale and
                              prorations, and any balance on the existing mortgage. Upon payment of all costs, the proceeds left
                              from the sale shall be divided between the parties as follow:
                                   a. The wife to receive                             %.
                                   b. The husband to receive                          %.
        B.     Parcel 3: The parties own other real estate located at:
                     Address
                     City                                                         State                                Zip
                    Parcel Identification Number (Tax Key Number)
                                            Attached is a legal description of this property.
                         1.    The real estate shall be awarded to the:
                                a.       wife
                                b.       husband
                                and that party shall be responsible for outstanding financial obligations, and the other party shall be held
                                harmless from any liability. Other provisions including refinancing requirements, if any:
                                                                                                                           See attached
                         2.    The residence shall be placed on the market for sale.
                                a. Pending sale, the mortgage, taxes, and insurance shall be paid by:
                                     1.      wife.
                                     2.      husband.
                                     3.      shared equally.
                                     4.      shared as follows:
                                b. Pending sale, any necessary repairs, special assessments and other sale -related expenses shall
                                     be paid by:
                                     1.      wife.
                                     2.      husband.
                                     3.      shared equally.
                                     4.      shared as follows:
                                    The money from the sale of this real estate shall be used to pay the usual costs of a sale and
                                    prorations, and any balance on the existing mortgage. Upon payment of all costs, the proceeds
                                    left from the sale shall be divided between the parties as follow:
                                         a. The wife to receive                      %.
                                         b. The husband to receive

FA-4152V, 01/09 Proposed Mar ital Settlement With Minor Children                                                     §767.34, Wisconsin Statutes
                                This form shall not be modified. It may be supplemented with additional m aterial.
                                                                    Page 1 of 1

				
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