StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Settlement Arangement for Dissolution of Marriage of Steven and Kathleen Miller - Assignment Example

Cite this document
Summary
This agreement covers the issues of dissolution of marriage and deals with the rights and obligations of wife and husband. The parties want to settle by finding amicable solutions to their affairs that include; custody and visitation rights of their minor children, the division of their joint and separate property…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Settlement Arangement for Dissolution of Marriage of Steven and Kathleen Miller
Read Text Preview

Extract of sample "Settlement Arangement for Dissolution of Marriage of Steven and Kathleen Miller"

Contract Drafting SETTLEMENT ARANGEMENT FOR DISSOLUTION OF MARRIAGE OF STEVEN AND KATHLEEN MILLER This agreement covers the issues of dissolution of marriage and deals with the rights and obligations of wife and husband. The parties want to settle by finding amicable solutions to their affairs that include; custody and visitation rights of their minor children, division of their joint and separate property, and any other claims or demands they might have against each other as a result of their marriage. Either party has fully disclosed the amount of their estate, income and financial projections and has been fully briefed of the estate, income and financial prospects of the other, as evidenced in the sworn financial statements provided as exhibits to this agreement. Either party has been properly represented in the grounding of this agreement by autonomous counsel and each, has been fully advised on their respective rights by such counsel therefore considering the terms of this agreement as fair and reasonable. The parties therefore agree to terminate the marriage in an action before court that has docket number........................ The parties agree to the following: 1. Custody, Visitation Rights, Visitation Schedule The Wife shall have sole custody of the two minor children of the parties. A. The children to be in control of the visitation schedule, freely moving between the two homes and the Husband shall have the right to visit the children as follows: (1) Two weekends a month. [The weekend begins Friday at 5.00p.m. continues until Sunday at 5.00p.m. If the weekend is a three- day weekend, then the husband shall have visitation rights for the full extra day (either Friday, beginning at 9.00 a.m. or Monday until 5.00 p.m.)] (2) Every school holiday. (3) Other times as the parties may agree. B. The Husband’s visitation rights shall be vital to any plans the wife may make that might violate on such rights, except the scheduling of activities for the children like attending friends’ birthday parties of participation in extra curriculum activities provided the husband is given at least 7 days notice of such activities and he is further provided with the choice of incorporating such activities into his visitation schedule. 2. Child support The Husband shall pay to the Wife for the support of each child of the parties, the sum of $300 per month until the two children reach their 18th birthday. He is willing to consider a formula to increase this amount to reflect increases in the cost of living. The Husband will pay the Wife a lump sum of $ 75,000 over a period of three years Child support payments may cease with regard to any individual child upon the happening of the first of the following events: (1) The child’s death; (2) The child’s marriage; (3) The child’s entry into the armed forces of the U.S. (4) The child’s 18th birthday, unless the child is still in high school, in which case payments shall be made until the child completes 12th grade. (5) Judicial recognition of the child’s emancipation 3. College Education Expenses The Husband and the Wife agree to share the children’s college education expenses. They will be responsible for up to four years of college unless the child is prevented from attending for any sensible reason. Since the Husband earns more, he will pay more towards the children’s college education. 4. Property Settlement The Wife to live with the children in the parties’ joint house until Sarah graduates from high school, after which they shall sell the house and split the proceeds. The Husband to contribute more towards major repairs as the Wife takes responsibility for minor problems. The Husband to pay real estate taxes as the wife pays the mortgage. 5. Medical Insurance for the Children The Husband currently has medical and dental insurance coverage for the minor children. He shall continue to provide for each of them until either reaches the age of 22 years. All claims shall be submitted to the insurer for payments in accordance with the requirements of the plan. The Husband will provide the Wife with the relevant forms for submission to health care provider and will arrange for her to be approved as a signatory on the claim forma so that she can deal directly with the insurer. The parties will divide the costs of uninsured medical and dental care for the children with the husband paying more because of high level of income. The Husband will make such payments within 7 calendar days upon receipt by him of the proof that such payment is due. 6. Life Insurance The Husband shall provide the children with life insurance on himself and health insurance until they attain the age of 22 years. The husband shall pay premiums on this policy and keep it in force until his death. 7. Personal and Real Property Division The parties make the following deposition and settlement with respect to their marital property: (1) All furniture, furnishings, house hold goods and appliances, fixtures and appurtenances, books and works of art, and other items of personal property located in their former marital residence shall constitute the sole and separate property of the Wife. (2) In the future, except as otherwise provided, each of the parties shall own, have, and enjoy, independently of any claim or right of the other party, all items of tangible personal property , now or in the future belonging to him or her as if she or he were unmarried. 8. Occupation of the House The parties acknowledge that they are joint owner of the real property on ........................... they also agree that the Wife shall have exclusive occupancy of the residence until Sarah graduates from high school or until the following events occur: 1. The wife remarries; 2. The wife cohabits with an unrelated adult male; 3. The wife permanently ceases to reside in the residence; 4. The youngest child becomes emancipated; 5. The Wife chooses to sell the residence; 9. Maintenance of the House The Husband to contribute more towards major repairs that include repair or replacement of existing major appliances , heating system, air conditioning , plumbing and electrical system as well as sanitary and sewage systems. The Wife takes responsibility for minor problems and maintenance costs that include relevant insurance, normal gardening and repairs. The Husband to pay real estate taxes as the wife pays the mortgage. 10. Sale of the House On the occurrence of any of the above stated events, the property shall be placed under sale. Both parties shall cooperate and make effort to get the highest price possible in the market. They shall agree in a prior writing on the minimum gross selling price and the brokerage commission to be incurred during the sale. If the parties fail to agree on the minimum selling price, then a real estate appraiser designated by the parties shall independently fix the price. The determination by the appraiser shall be binding and cost of appraisal shall be shared equally by the parties. The Husband and Wife agree that they will split the net proceeds from the sale 11. Failure of Wife to make prompt Mortgage payments In the event of failure by the Wife to make prompt payments of mortgage instalments and insurance premiums, the Husband shall have the right to make the payments on five days’ notice to the wife and seek immediate reimbursement from her. The parties shall split the allowable Federal and state tax deductions for the mortgage interests and real property taxes relating to the marital home (Sherman, Edward & Yeamans, p 28). 12. Income Taxes The Husband and Wife agree to file separate income tax returns for the year in which the dissolution of the marriage takes place and thereafter. 13. Arbitration Any claim or controversy arising from this settlement agreement including (1) a problem on the payment on non-payment of maintenance or other items, (2) custody of the minor children of the parties including any modifications; or (4) any other terms or conditions of agreement shall be settled in line with the rules and the American Arbitration association. No modification, rescission, termination or amendment of this accord shall be legitimate, unless in writing and completed with the same procedure as this agreement. Of parties cannot agree on the terms of modifications, either party can request for arbitration. 14. Remedies for Breach If either party fails in the actualization of his or her duty under this agreement, the aggrieved party shall have the right to pursue the remedies that are available, an action of damages resulting from the breach, or specific performance as stated in the statute. 15. Law applicable The validity, effect, and operation of this agreement shall be determined according to the law of the State of California. 16. Mutual Drafting This agreement was drafted cooperatively by the parties’ counsels in consultation with the parties. Neither party shall be entitled to the claim the benefit of any ambiguity resulting from the drafting therein The Husband to contribute more towards major repairs as the Wife takes responsibility for minor problems. The Husband to pay real estate taxes as the wife pays the mortgage. 17. Partial Invalidity; Severability The Agreement shall not be invalid as a whole because any or more of its provisions is or are hereafter declared illegal. Work Cited Sherman, Charles Edward, and Robin Yeamans. How to do your own contested divorce in California: a guide for petitioners and respondents. 2nd ed. Soquel, CA: Nolo Press Occidental, 2000. Print. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Settlement Arangement for Dissolution of Marriage of Steven and Kathle Assignment, n.d.)
Settlement Arangement for Dissolution of Marriage of Steven and Kathle Assignment. Retrieved from https://studentshare.org/law/1771148-contract-drafting
(Settlement Arangement for Dissolution of Marriage of Steven and Kathle Assignment)
Settlement Arangement for Dissolution of Marriage of Steven and Kathle Assignment. https://studentshare.org/law/1771148-contract-drafting.
“Settlement Arangement for Dissolution of Marriage of Steven and Kathle Assignment”, n.d. https://studentshare.org/law/1771148-contract-drafting.
  • Cited: 0 times

CHECK THESE SAMPLES OF Settlement Arangement for Dissolution of Marriage of Steven and Kathleen Miller

Promoting and Strengthening the Foundation of Marriage

The paper "Promoting and Strengthening the Foundation of marriage" states that a healthy married life would not only prolong and improve the lives of individuals as they age but would also aid them economically through combined assets, as well as socially through preventing family breakdown.... hellip; The government must influence people's behavior to encourage them to make a strong foundation of marriage while discouraging them to get a divorce.... Studies show the benefits of marriage among the elderly such as the physical, emotional and mental health (Wilson and Oswald, 2005; Staton, 2008; Witherspoon Institute, 2008) as well as the advantages of married life on social and financial health (Witherspoon Institute, 2008)....
6 Pages (1500 words) Essay

The Hopkins and Miller Show

rdquo; (The Hopkins and Miller Show) Significantly, Robin Hopkins and kathleen miller, along with their team of first-rate musicians, presented their unique program “Banjo Meets Broadway” to the excitement and appreciation of the audience, including me.... The author of the following essay 'The Hopkins and Miller Show' presents a live Jazz event at the Indianapolis Jazz Club, which is celebrating 53 years of traditional jazz, and it was the show by Robin Hopkins & kathleen miller and their band on Sunday, November 15, 2-5 p....
1 Pages (250 words) Essay

Informative Speech-Marriage customs

marriage is like a pledge which last throughout your life time.... It is considered as the most important part of one's life which's equivalent to starting a… Today's marriage like any other social institutions has changed over centuries and centuries, it has become more civilized and advanced (Clark-Decs, 2010). Round the globe different cultures have there own marriage customs mainly Marriages in India It's said that marriages are made in heaven....
2 Pages (500 words) Essay

How do no fault divorce law and fair property settlements work against women in divorce proceedings

miller, K.... No-fault divorce is a split up in which the termination of a marriage does is not caused by the adultery, brutality, or neglect.... Parejko (2002) states that marriage is How Do No-Faults Divorce Law And Fair Property Settlements Work Against Women In Divorce Proceedings?... No-fault divorce is a split up in which the termination of a marriage does is not caused by the adultery, brutality, or neglect.... Parejko (2002) states that marriage is dissolved when one of the spouses wants to dissolve it....
2 Pages (500 words) Essay

Gender difference in poverty rates

?? The main idea is to show how gender differences affect poverty rates in the event of marriage dissolution.... This is an assumption that has been made though because a lot more has to be considered in line with marriage dissolutions because the argument has been challenged to the fact that they overlook financial changes that may occur in the future in the lives of these families (Armstrong 50).... Additionally, the fact that females have been biased and earn traditionally less in the job market due to the gender based Gender Differences in Poverty Rates after Marital dissolution: A Longitudinal Study Question The report that statistics that have been done indicate that the type of family set up in Canada is what determines the poverty levels and a risk factor that perpetuates the situation....
2 Pages (500 words) Assignment

The US Law of Divorce and Dissolution of Marriage

1 of Ohio Divorce Law extreme cruel behavior of either spouse and chronic alcoholism of either spouse are considered as valid reasons for dissolution of marriage.... Most of the times, divorce takes place because… However, there are some problems that inevitably lead to dissolution of marriage like physical abuse, infidelity and drug or alcohol addiction.... This paper explores the US law of divorce and dissolution of marriage on the grounds of husband's chronic alcoholism and physical violence....
10 Pages (2500 words) Research Paper

Jewish marriage ceremony

This essay is aimed at discussing the different concepts and steps that are involved in Jewish marriage and wedding ceremonies.... The paper tells that it different from many cultures, in which marriage is nothing more than a social and contractual engagement.... hellip; The conclusion from this study states that as one would realize from the steps that have been discussed above regarding the Jewish marriage process, it has to follow a traditional order of activities, which is a strict protocol that a traditional wedding cannot be complete without....
3 Pages (750 words) Essay

Liquidation and Dissolution: Advanced Federal Taxation

It involves the absolute sale of the corporation's assets… In intentional dissolution, the shareholders typically approve a plan of dissolution, which describes the steps that will be in use towards liquidating the company.... dissolution is the closure of a corporation regularly on a voluntary basis of the company owner....
4 Pages (1000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us