Entire agreement settling all rights.

The parties have agreed to voluntarily separate from each other.

The parties are desirous of entering into this agreement in order to provide for the custody, maintenance and support of the minor children, as well as a division of their property.

Therefore, it is agreed that in consideration of the mutual promises, agreements and undertakings contained in this agreement, the parties agree as follows:

1. Wife shall have custody and control of the minor children, _________ and _________, with the right of the husband to visit the children at reasonable times and places. It is specifically understood and agreed that the wife, shortly after the execution of this agreement, will move to _________[state or nation], and husband's visitation privileges shall have to be exercised there, or wherever else wife may reside.

It is agreed that husband will pay all the expenses of moving wife and children.

2. The parties have divided up the furniture, household furnishings and all articles of personal property, and each of the parties shall own, have and enjoy independently of any claim or right of the other all such items of personal property, free and clear of any claim by the other.

3. Each of the parties covenants they will contract no debts in the name of the other, and each agrees to hold harmless and indemnify the other in the event of the breach of this agreement.

4. Husband will transfer to wife the _________[make and model] automobiles now titled in the husband's name.

5. Husband shall have the sole and exclusive right to reside in the residence at _________, which residence is owned by the parties as tenants by the entirety. Husband will pay the monthly mortgage payments, real estate taxes, and insurance on the residence, and shall keep the property in a well-maintained condition.

6. Each of the parties shall have the right at any time to demand that the residence be sold. Upon the sale of the residence each of the parties shall receive ½ of the net proceeds of sale. In the event husband fails to maintain the house in an A-1 condition, the expense of restoring the home to such a condition shall be borne by husband out of his proceeds of sale. Upon request to sell the property by one of the parties, the other shall execute such real estate listing agreements, contracts, deeds, or other documents as may be necessary to sell the property at no less than the market price.

7. Each of the parties declares that he or she has had the opportunity of independent legal advice, and that each fully understands the facts and has been fully informed of all legal rights and liabilities; that after such advice and knowledge, each believes this agreement to be fair, just and reasonable, and that each signs the agreement freely and voluntarily.

8. Each of the parties waives and renounces the right to share in the estate of the other, and to administer on the estate of the other, and each releases any and all dower, curtesy or statutory share or other rights in and to the property of the other, and covenants to execute whatever instruments may be required to effectuate the waiver, renunciation and release.

 

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