With guaranty of payments.

This agreement is made this _________, 19__, between _________, wife, and _________, husband, both of the city of _________, county of _________, and state of _________.

Recital:

Wife is about to file her complaint in the _________ court of _________ county, praying that she be divorced from husband.

In the event a decree of divorce is granted dissolving the marriage between the parties, it is the desire of the parties to settle their property rights and questions of alimony and all other questions relative to the rights of the parties arising out of the marriage,

Therefore, in consideration of the agreements set forth below and in the event that a divorce is granted wife and marriage is dissolved by the decree of the court, it is agreed (all subject, however, to the approval of the court) as follows:

1. Husband by virtue of the marriage between him and wife shall have no right or interest present, future or contingent, inchoate or otherwise, of any kind or nature, in and to any of the estate and property that may belong to wife, wherever such estate or property may be situated; and, except to the extent provided otherwise in this agreement and to the extent of securing the enforcement of it, wife by virtue of the marriage shall have no right, title or interest present, future or contingent, inchoate or otherwise, of any kind or nature, in and to any of the estate or property that may belong to husband, wherever such estate of property may be situated.

2. As permanent alimony and for the maintenance of wife, husband agrees to

(a). Pay to wife the $_____ on Saturday of each and every week, beginning after the entry of the decree of divorce and continuously during and throughout the life of wife so long as wife does not remarry.

(b). Pay to wife as and for her solicitors' fees, at the time or times fixed by the court, such amount as may seem just and proper to the court.

3. Upon the entry of decree of divorce, husband shall, as further and additional security, immediately deliver to wife an instrument of guarantee with the same date as decree of divorce, executed by _________ and _________, both of _________, guaranteeing for _________ years from that date the payment of $_____ per week on Saturday of each and every week, beginning after the entry of decree of divorce, to the extent of _________, a copy of which instrument is attached to and marked Exhibit "B" and made a part of this agreement by this reference.

Upon the expiration of the guarantee described above, whether by lapse of time or otherwise, and if wife shall not then have been remarried, husband shall, as further and additional security, immediately deliver to wife a new instrument of guarantee made by guarantors satisfactory to the court, guaranteeing for _________ years from that date the payment of $_____ per week to the extent of $_____, guarantee to be executed on the form attached and marked Exhibit "A," excepting that the date of new guarantee shall be the date of the delivery of it.

4. Husband further agrees that, in the event insurance upon his life shall be obtainable at any time in any sum, he will name wife beneficiary and unconditionally assign to wife all his interest in the policy, provided, however, that wife shall be required to pay all premiums, and husband agrees to use his best efforts to procure such insurance and to submit to examinations from time to time whenever requested to do so by wife, and to cooperate with wife in every respect in order to carry out the intent and meaning of this provision. It shall be conclusive proof of the insurability of husband if at any time he obtains insurance upon his life or reinstates any lapsed policies issued upon his life.

5. Wife further agrees that, if she shall at any time obtain any insurance upon the life of husband, upon her death husband shall have the privilege of having any one or more, or all, of such life insurance policies assigned to himself, upon the payment by husband to the administrator or personal representative of wife, within 90 days after her death, of an amount equal to the then cash surrender value of such insurance policies so designated by him to be assigned, and upon such payment within the 90-day period, the life insurance policies so requested to be assigned shall be assigned and delivered to husband.

6. As the agreed provisions for permanent alimony and maintenance of wife are in fact made for the purpose of now effecting a final and permanent settlement (eliminating all possibility of modification) of the rights now existing or to arise between the parties (it being the intention of the parties, by this settlement, to satisfy and discharge the right, and the remedy to exercise the right, and to forever eliminate the right, and the remedy to exercise the right, in either party, under the laws of the state of _________, statutory or otherwise, to make application for, or to procure the modification of the allowance of alimony and maintenance as is provided in this agreement for any reason whatever), no alternation in the allowance of alimony and maintenance shall at any time be made upon the application of wife, or upon the application of husband; provided, however, that nothing contained in this agreement shall be construed as a waiver of, or bar to, the rights and remedies which wife, but for this paragraph 6, would have for the enforcement of this agreement.

7. The parties further agree that wife may pursue either (1) husband, (2) guarantors or either of them, and (3) any surety provided on any bail furnished upon a writ of ne exeat republica for the satisfaction of any right or rights, remedy or remedies, which she may have, without regard to or consideration for the order of the exercise of such rights or remedies, and that the taking by wife of any remedy against any one or more of the above named shall not be construed to be a waiver of or exclude the right of wife to pursue any one or more of the above named, but wife may exercise any right or rights, remedy or remedies, against any one or more, or all of the above named, either simultaneously or at different times.

8. It is further agreed that this agreement shall be submitted to the court upon the hearing of the suit for divorce for its approval and that the decree for divorce, if the court so finds that wife is entitled to a divorce, shall embody this agreement together with all the terms and provisions of it.

9. The parties further agree that the word "alimony" is used in this agreement not only to include alimony but also to include the contract obligation of the husband created under this agreement, one of the considerations for which being the settlement of the parties' property rights resulting from the marriage; should a change of circumstances occur at any time with reference to the pecuniary ability of the husband so that the wife would not be able to proceed by way of contempt to enforce the provisions of this agreement, that the change in circumstances shall not in any manner affect the contract obligations of the husband as evidenced by this agreement.

In witness, etc.



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