Marital Settlement Agreement

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									This Marital Settlement Agreement is most appropriate for a no-fault dissolution of
marriage and in cases where there are minor children involved, but it can be used for
any general marital separation case. This short-form template document contains both
standard clauses as well as opportunities for customization to ensure that the
understandings of the parties are properly set forth. The agreement contains provisions
on: child custody, visitation rights, child support, health insurance, and property division.
This agreement should be used by individuals seeking a divorce or their legal
representatives.
Table of Contents

General Information ............................................................................................................... 4
Checklist................................................................................................................................... 6
Step-by-Step Instructions ....................................................................................................... 7
Introduction. Fill in the date and the names of the husband and wife. ............................ 7
Recitals. Enter the day, date and location of your marriage.. ........................................... 7
Section 2. Custody. Enter the custody arrangement from the choices A, B, or C. ........... 7
B. Enter the visitation arrangements the wife will have...................................................... 7
Title: Fill in any rights or title that either the husband or wife will have in the home. ... 8
Section 8. Personal Property. ................................................................................................. 8
Section 9. Bank Accounts: List all marital bank accounts. ................................................. 8
Division: Indicate which spouse will keep which bank account. ........................................ 8
Division: Indicate which spouse will be responsible for each debt. ................................... 8
Taxes: Indicate which spouse will assume any joint tax liability. ..................................... 8
C. Decide which spouse will be able to claim any children as dependents. ....................... 9
Section 12. Life Insurance. A. List the husband’s life insurance policies. ........................ 9
B. List the wife’s life insurance policies. ............................................................................... 9
Section 18. Applicable Law. Fill in the state of residency.. ................................................. 9
Marital Settlement Agreement ............................................................................................ 10
MARITAL SETTLEMENT AGREEMENT ..................................................................... 11
Recitals ................................................................................................................................... 11
Terms ..................................................................................................................................... 11
SECTION 1. CHILDREN. .................................................................................................. 12
SECTION 2. VISITATION. ............................................................................................... 12
SECTION 3. SPOUSAL SUPPORT. ................................................................................. 13
SECTION 4. CHILD SUPPORT. ....................................................................................... 14
SECTION 5. HEALTH INSURANCE. .............................................................................. 15
SECTION 6. REAL ESTATE............................................................................................. 15
SECTION 7. PERSONAL PROPERTY. ........................................................................... 16
SECTION 8. BANK ACCOUNTS...................................................................................... 17
ACCOUNT 1 ......................................................................................................................... 17
ACCOUNT 2 ......................................................................................................................... 17
ACCOUNT 3 ......................................................................................................................... 17
SECTION 9. DEBTS. .......................................................................................................... 17
DEBT 1................................................................................................................................... 17
DEBT 2................................................................................................................................... 18
DEBT 3................................................................................................................................... 18
SECTION 10. TAXES. ........................................................................................................ 18
SECTION 11. LIFE INSURANCE. ................................................................................... 19
POLICY 1 .............................................................................................................................. 19
POLICY 2 .............................................................................................................................. 19
POLICY 3 .............................................................................................................................. 19


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POLICY 1 .............................................................................................................................. 20
POLICY 2 .............................................................................................................................. 20
POLICY 3 .............................................................................................................................. 20
SECTION 12. LEGAL NAME. ........................................................................................... 20
SECTION 13. FINAL AGREEMENT. .............................................................................. 20
SECTION 14. SEVERABILITY. ....................................................................................... 20
SECTION 15. HEADINGS. ................................................................................................ 21
SECTION 16. ACKNOWLEDGEMENT. ......................................................................... 21
SECTION 17. APPLICABLE LAW. ................................................................................. 21
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC ....................... 22




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                                            General Information



A Marital Settlement Agreement is a document that outlines the terms of divorce between a
couple. These agreements usually contain provisions such as:


        Child support, spousal support, and attorney fees;
        Child custody issues;
        Characterization of property;
        Income tax issues.
        A detailed list of property involved
        Provisions as to what will happen to the financial accounts;
        Disposition of the marital home;
        Details of the marital debt.


         Usually the courts will let the parties carve out their own agreement and will not get
involved. However, there are certain situations where the court will reject an agreement.
Usually it is when there is a drastic imbalance in the agreement such as a wife waiving all
support, or giving up all retirement accounts, etc.



         Before sitting down to complete the agreement, there are several issues to discuss
with your spouse and possibly your lawyer. Some issues you want to be sure and cover in
addition to the usual spousal support, alimony and child custody are:


         Health Insurance: Court will require you to obtain coverage for your children if you
don’t already have it. The cost for insurance should be factored into the agreement.


         Retirement: People need to keep in mind that because of changes in social security,
you may not be eligible to receive full benefits until age 67. So you need to plan accordingly.




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         College Tuition: If you have children college will be a substantial expense to deal
with.


         Cost of Living: If you have children, consider how much it will cost to raise them,
including such items as day care and after school activities.


     Marital Home: Will you decide to sell it? Or will one spouse remain in the home?




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                                                    Checklist



        Sit down with your ex-spouse and your list of items to cover. It may take some time
         to hash out all the issues, as there are a lot of important decisions to be made with this
         agreement.


        If the parties cannot easily and calmly come to an agreement, an attorney should be
         consulted.


        Divorce laws vary from state to state.Be sure to check the laws for your state.


        Both parties should sign the document and keep a copy for their files. This document
         must also be signed in the presence of two witnesses and notarized. Check the laws of
         your jurisdiction to see if this document must be filed in court. It probably needs to
         be included with a judgment for dissolution.


        List all assets, including profit sharing and pension plans. These types of assets tend
         to be worth more than what appears.




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                                         Step-by-Step Instructions

         These instructions attempt to simplify the process, and asks you to provide information hted,
when needed. Some areas are highligand and require close attention.. Please be sure that both
parties read the all of the information carefully. Should you have any questions or concerns, it is
always recommended to seek the advice of counsel.



Introduction. Fill in the date and the names of the husband and wife.


Recitals. Enter the day, date and location of your marriage..


Section1. Children. Enter the names of children, if applicable, including birthdates and
social security numbers.


Section 2. Custody. Enter the custody arrangement from the choices A, B, or C.


Section 3. Visitation A. Enter the visitation arrangements the husband will have;
B. Enter the visitation arrangements the wife will have.


Section 4. Spousal Support. Choose from provision A or B, depending on what has been
decided. Note that A should be used when the husband is paying child support; B should be
used if the wife is paying child support..


Section 5. Child Support. Chose A and fill in requirement information if the husband is
paying child support; choose B is the wife is paying child support.
C: This is an optional provision that if the income of a parent increases, the child support will
also be increased. If you do not want this provision, either delete it, or draw a line through it
with both parties providing their initials next to it..
D: This is optional as well. This provision states that the parent paying child support will
also pay half of the expenses associated with a college education.




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Section 6. Health Insurance. Choose either A or B, depending on who will be responsible
for paying for the health insurance for the children..


Section 7. Real Estate. Enter the address of the marital home. Fill in the name of the spouse
who will continue to reside in the family home. If this does not apply you can delete the
provision or draw a line through that portion with both parties initialing it.


Title: Fill in any rights or title that either the husband or wife will have in the home.


Expenses: Choose whether the husband or the wife will be responsible for the expenses
related to the residence.


Other Real Estate: If there is other real estate indicate whether the husband or wife shall
receive rights to the property.


Section 8. Personal Property.
For each spouse, list the specific items of personal property that each spouse will keep.
Vehicles: indicate which spouse will keep the vehicle(s).
Other personal property: Fill in anything here that either spouse wants to keep that was
not included above.


Section 9. Bank Accounts: List all marital bank accounts.


Division: Indicate which spouse will keep which bank account.


Debts: List the debts that are you as a couple owe. If you need more space you can attach an
Exhibit and continue the list. Just make sure you mark under this provision “see exhibit A.”


Division: Indicate which spouse will be responsible for each debt.


Taxes: Indicate which spouse will assume any joint tax liability.



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C. Decide which spouse will be able to claim any children as dependents.


Section 12. Life Insurance. A. List the husband’s life insurance policies.


B. List the wife’s life insurance policies.


Section 18. Applicable Law. Fill in the state of residency..


Signature: Both husband and wife sign this agreement in the presence to two witnesses
each. Laws regarding the execution of agreements such as these vary from state to state, so
be sure the check with your local laws as this rule may vary. This document also needs to be
notarized. It may be necessary to file this agreement with the court.




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                                      Marital Settlement Agreement




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[FORM OF MARITAL SETTLEMENT AGREEMENT FOR A
NO-FAULT DIVORCE WITH MINOR CHILDREN]



                       MARITAL SETTLEMENT AGREEMENT



THIS MARITAL SETTLEMENT AGREEMENT (this “Agreement”) made on this
____________ day of ___________________, 20_____, by and between
_____________________________________          (“Husband”)   and
_____________________________________ (“Wife).

                                          Recitals

WHEREAS, Husband and Wife were married on the ___________ day                              of
_____________________,   _______, in _________________________, State                      of
_________________________;

WHEREAS, Husband and Wife hereby wish to dissolve their marriage and live separately
and apart from one another, subject to the terms and conditions of this Agreement;

WHEREAS, Husband and Wife have each made a complete, fair and accurate disclosure to
one another regarding all financial and property matters affecting this Agreement;

WHEREAS, Husband and Wife have each been advised and counseled by attorneys chosen
out of their free will regarding the legal rights and obligations related to this Agreement;

WHEREAS, Husband and Wife wish to settle all matters regarding their marital affairs, child
custody and visitation, personal and real property, and finances;

WHEREAS, Husband and Wife intend this Agreement to be a final disposition regarding the
matters addressed herein and intend that this Agreement be incorporated into a final decree of
divorce or dissolution;

NOW THEREFORE, in exchange for the mutual promises herein contained, Husband and
Wife hereby agree to the terms and conditions set forth below:




                                           Terms
SECTION 1. CHILDREN.

Husband and Wife have the following child(ren):

       Full Name                       Date of Birth          Social Security Number
       __________________              _____________          _________________
       __________________              _____________          _________________
       __________________              _____________          _________________
       __________________              _____________          _________________
       __________________              _____________          _________________

SECTION 1. CUSTODY.

To settle all custody issues consistent with the best interest of the child(ren), Husband and
Wife hereby agree as follows:

       A.      Husband shall have sole custody of ______________________________.

       B.      Wife shall have sole custody of _________________________________.

       C.      Husband       and     Wife    shall   have     joint   custody      of
               ____________________________. Custody shall be shared according to the
               following schedule: _____________________________________________.

SECTION 2. VISITATION.

To settle all visitation issues consistent with the best interest of the child(ren), Husband and
Wife hereby agree as follows:

       A.      Husband shall have the following rights of visitation with the children not in
               his custody:

                 i.      Weekends. Husband shall have rights of visitation on the following
                         days and times [______ each weekend OR ______ every other
                         weekend]     according    to     the      following      schedule:
                         _______________________________________________.

                 ii.     Weekdays. Husband shall have rights of visitation on the following
                         days and times [______ each weekend OR ______ every other
                         weekend]     according    to     the      following      schedule:
                         _______________________________________________.

                 iii.    Yearly Vacation. Husband shall have rights of visitation for the
                         following vacation periods each year according to the following
                         schedule:
                         _________________________________________.



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               iv.    Holidays (Even-Numbered Years). Husband shall have rights of
                      visitation for the following holidays during even-numbered years:
                      _________________________________________________.

               v.     Holidays (Odd-Numbered Years). Husband shall have rights of
                      visitation for the following holidays during odd-numbered years:
                      _______________________________________________.

               vi.    Other Visitation Rights. Husband shall have the following additional
                      rights of visitation: __________________________________.

      B.     Wife shall have the following rights of visitation with the children not in her
             custody:

               i.     Weekends. Wife shall have rights of visitation on the following days
                      and times [______ each weekend OR ______ every other weekend]
                      according        to        the          following          schedule:
                      _______________________________________________.

               ii.    Weekdays. Wife shall have rights of visitation on the following days
                      and times [______ each weekend OR ______ every other weekend]
                      according        to        the          following          schedule:
                      _______________________________________________.

               iii.   Yearly Vacation. Wife shall have rights of visitation for the
                      following vacation periods each year according to the following
                      schedule:
                      _________________________________________.

               iv.    Holidays (Even-Numbered Years). Wife shall have rights of visitation
                      for the following holidays during even-numbered years:
                      __________________________________________________.

               v.     Holidays (Odd-Numbered Years). Wife shall have rights of visitation
                      for the following holidays during odd-numbered years:
                      _______________________________________________.

               vi.    Other Visitation Rights. Wife shall have the following additional
                      rights of visitation: __________________________________.

SECTION 3. SPOUSAL SUPPORT.

      A.     Husband. Husband will pay spousal support to Wife in the amount of
             _____________________________ dollars ($______) each and every
             _________________________ [week, month, year, etc.], beginning on the



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                ____________ day of __________________, 20 ____.           Husband shall
                continue to pay this amount for a period of ________________________
                [number of weeks, months, years, etc.] subject to the following mutually
                acceptable              terms               and               conditions:
                ______________________________________.

        B.      Wife. Wife will pay spousal support to Husband in the amount of
                _____________________________ dollars ($______) each and every
                _________________________ [week, month, year, etc.], beginning on the
                ____________ day of __________________, 20 ____. Wife shall continue to
                pay this amount for a period of ________________________ [number of
                weeks, months, years, etc.] subject to the following mutually acceptable terms
                and conditions: ______________________________________.

   C.        Waiver of Support. Both parties agree to waive spousal support.


SECTION 4. CHILD SUPPORT.

        A.      Husband. Husband will pay child support to Wife in the amount of
                _____________________________ dollars ($______) each and every
                _________________________ [week, month, year, etc.], beginning on the
                ____________ day of __________________, 20 ____.                Husband shall
                continue to pay this amount for a period of ________________________
                [number of weeks, months, years, etc.] or until the child reaches the age of
                majority, marries, or dies, subject to the following mutually acceptable terms
                and                                                                conditions:
                _______________________________________________________.

        B.      Wife.    Wife will pay child support to Husband in the amount of
                _____________________________ dollars ($______) each and every
                _________________________ [week, month, year, etc.], beginning on the
                ____________ day of __________________, 20 ____. Wife shall continue to
                pay this amount for a period of ________________________ [number of
                weeks, months, years, etc.] or until the child reaches the age of majority,
                marries, or dies, subject to the following mutually acceptable terms and
                conditions:
                _______________________________________________________.

        C.      [OPTIONAL] Income Increase. Should the income of an obligated parent
                increase, the amount of child support shall also be increased in proportionally.

        D.      [OPTIONAL] College Education. As supplementary child support, the
                obligated parent shall pay one-half of the amount needed for each child's
                college education, including but not limited to, tuition, room and board, books,
                etc.



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SECTION 5. HEALTH INSURANCE.

Husband and Wife agree as follows in relation to their children’s and their respective health
care coverage:

       A.     Husband. Husband will maintain medical and dental insurance for the benefit
              of: _____________________________________________________.

       B.     Wife. Wife will maintain medical and dental insurance for the benefit of:
              _____________________________________________________.

SECTION 6. REAL ESTATE.

       A. Homestead. Husband and Wife own the following real property as their family
          residence,                                located                          at
          __________________________________________________________________
          _______________.              Husband          and       Wife  agree     that
          ____________________________ shall continue to reside at the above mentioned
          family residence. Rights, responsibilities and expenses regarding the above
          mentioned family residence shall be distributed as follows:

                i.     Title.

                       Husband shall have the following rights of title and ownership in the
                       family residence: _______________________________.

                       Wife shall have the following rights of title and ownership in the
                       family residence: _______________________________.


                ii.    Expenses, Mortgage and Maintenance.

                       Husband shall be responsible for and pay the following expenses
                       regarding the family residence: _______________________.

                       Wife shall be responsible for and pay the following expenses
                       regarding the family residence: _______________________.

       B. Other Real Estate. Husband and Wife jointly own the following real property
          which shall be divided as follows:

                i.     To Husband:
                       _________________________________________________
                       _________________________________________________
                       _________________________________________________



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                ii.   To Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

SECTION 7. PERSONAL PROPERTY.

      A. Household Items. Husband and Wife jointly own the following household items
         which shall be divided as follows:

              i.      To Husband:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

             ii.      To Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

      B. Vehicles. Husband and Wife jointly own the following vehicles which shall be
         divided as follows:

              i.      To Husband:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

             ii.      To Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

      C. Other Personal Property. Husband and Wife jointly own the following other
         personal property which shall be divided as follows:

              i.      To Husband:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

             ii.      To Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________



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SECTION 8. BANK ACCOUNTS.

      A. Bank Accounts. Husband and Wife jointly hold the following bank accounts:

          ACCOUNT 1
          _____________________________                         __________________
          _____________________________                         (Account Number)
          _____________________________                         __________________
          _____________________________                         (Account Balance)
          (Name and Address of Institution)

          ACCOUNT 2
          _____________________________                         __________________
          _____________________________                         (Account Number)
          _____________________________                         __________________
          _____________________________                         (Account Balance)
          (Name and Address of Institution)

          ACCOUNT 3
          _____________________________                         __________________
          _____________________________                         (Account Number)
          _____________________________                         __________________
          _____________________________                         (Account Balance)
          (Name and Address of Institution)


      B. Division. The above referenced accounts shall be divided as follows:

               i.     To Husband:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

               ii.    To Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

SECTION 9. DEBTS.

      A. Debts. Husband and Wife jointly hold the obligation to pay off the following
         outstanding debts:

          DEBT 1
          _____________________________                         __________________
          _____________________________                         (Account Number)



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          _____________________________                            __________________
          _____________________________                            (Account Balance)
          (Name and Address of Institution)

          DEBT 2
          _____________________________                            __________________
          _____________________________                            (Account Number)
          _____________________________                            __________________
          _____________________________                            (Account Balance)
          (Name and Address of Institution)

          DEBT 3
          _____________________________                            __________________
          _____________________________                            (Account Number)
          _____________________________                            __________________
          _____________________________                            (Account Balance)
          (Name and Address of Institution)

      B. Division. The above referenced debts shall be divided as follows:

              i.       Husband: Husband agrees to pay off, assume all liabilities, and be
                       individually responsible for the following debts as of the date of this
                       Agreement:
                       _________________________________________________
                       _________________________________________________
                       _________________________________________________

             ii.       To Wife: Wife agrees to pay off, assume all liabilities, and be
                       individually responsible for the following debts as of the date of this
                       Agreement:
                       _________________________________________________
                       _________________________________________________
                       _________________________________________________



SECTION 10. TAXES.

      A. Husband and Wife agree that any joint tax liability that arises as of the date of this
         Agreement shall be assumed as follows:

              i.       By Husband:
                       _________________________________________________
                       _________________________________________________
                       _________________________________________________




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             ii.      By Wife:
                      _________________________________________________
                      _________________________________________________
                      _________________________________________________

      B. The parent with custody of a child has the sole right to claim such child as a
         dependent for state and federal income tax purposes.

      C. In the event both parents hold joint custody of a child, Husband and Wife agree as
         follows with respect to who shall be able to claim such child as a dependant for
         state         and          federal          income           tax        purposes:
         ____________________________________.

SECTION 11. LIFE INSURANCE.

      A.     Husband. Husband owns the following life insurance policies that name Wife
             as beneficiary:

             POLICY 1
             _____________________________               __________________
             _____________________________               (Policy Number)
             _____________________________               __________________
             _____________________________               (Death Benefit/Cash Value)
             (Name and Address of Institution)

             POLICY 2
             _____________________________               __________________
             _____________________________               (Policy Number)
             _____________________________               __________________
             _____________________________               (Death Benefit/Cash Value)
             (Name and Address of Institution)

             POLICY 3
             _____________________________               __________________
             _____________________________               (Policy Number)
             _____________________________               __________________
             _____________________________               (Death Benefit/Cash Value)
             (Name and Address of Institution)

             Husband agrees that Wife [WILL OR WILL NOT] not remain the beneficiary
             of       the         following     life     insurance        policies:
             __________________________________________-____.

      B.     Wife. Wife owns the following life insurance policies that name Husband as
             beneficiary:




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               POLICY 1
               _____________________________                  __________________
               _____________________________                  (Policy Number)
               _____________________________                  __________________
               _____________________________                  (Death Benefit/Cash Value)
               (Name and Address of Institution)

               POLICY 2
               _____________________________                  __________________
               _____________________________                  (Policy Number)
               _____________________________                  __________________
               _____________________________                  (Death Benefit/Cash Value)
               (Name and Address of Institution)

               POLICY 3
               _____________________________                  __________________
               _____________________________                  (Policy Number)
               _____________________________                  __________________
               _____________________________                  (Death Benefit/Cash Value)
               (Name and Address of Institution)

               Wife agrees that Husband [WILL OR WILL NOT] not remain the beneficiary
               of        the        following     life     insurance        policies:
               _______________________________________________.


SECTION 12. LEGAL NAME.

Wife shall have the right to retain her married name or shall also have the right to return to her
maiden or former name of _____________ upon the court's ordering a final decree of divorce
or dissolution.




SECTION 13. FINAL AGREEMENT.

This Agreement establishes the entire agreement between Husband and Wife relating to their
marital affairs, child custody and visitation, personal and real property and other finances.
This Agreement supersedes all prior discussions between them.

SECTION 14. SEVERABILITY.

If any part or parts of this Agreement shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and effect. If any provision of this



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Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if
limiting such provision would make the provision valid, then such provision shall be deemed
to be construed as so limited.

SECTION 15. HEADINGS.

The headings of the sections herein are for convenience only and shall not affect the meaning
of the provisions of this Agreement.

SECTION 16. ACKNOWLEDGEMENT.

Husband and Wife acknowledge that each has entered into this Agreement in good faith, on
their own free will, and without being subject to any duress or undue influence. Each
understands that he or she has the right to seek independent counsel regarding this Agreement,
and each was given adequate opportunity to seek such independent counsel prior to the
execution of this Agreement.

SECTION 17. APPLICABLE LAW.
Husband and Wife agree that this Agreement shall be construed according to, and governed in
all respects by, the laws of the State of _______________, without regard to conflicts of law
principles. Husband and Wife further agree and consent that venue of any action hereunder
shall be exclusively in the county of _____________.




                           [SIGNATURE PAGE TO FOLLOW]




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IN WITNESS WHEREOF, each of Husband and Wife has caused this Agreement to be
executed on this __________ day of _______________________, 20_____.


HUSBAND                               WIFE


[PRINT NAME]                          [PRINT NAME]

WITNESS #1 OF HUSBAND                 WITNESS #1 OF WIFE


[PRINT NAME]                          [PRINT NAME]

WITNESS #2 OF HUSBAND                 WITNESS #2 OF WIFE


[PRINT NAME]                          [PRINT NAME]




        CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
                   STATE OF _______________________



              [INSERT APPROPRIATE LANGUAGE FOR YOUR STATE]




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