PART I
SEPARATION AND PROPERTY
SETTLEMENT AGREEMENT
THIS AGREEMENT made this (date) by and between:
(Wife’s Name) (formerly (maiden)), residing at (Wife’s Address), (Wife’s City), (Wife’s State), (Wife’s Zip), (Wife’s County), her date of birth is: (Wife’s dob), her place of birth is: (Wife’s pob), and her social security number: (Wife’s ss) hereinafter referred to as WIFE and MOTHER;
AND
(Husband’s Name), residing at (Husband’s Address), (Husband’s City), (Husband’s State), (Husband’s Zip), (Husband’s County), his date of birth is: (Husband’s dob), his place of birth is: (Husband’s pob), and his social security number: (Husband’s) hereinafter referred to as HUSBAND and FATHER;
WITNESSETH
WHEREAS, the parties were married to each other on: (dom) in (pom); and
WHEREAS, there (numocom) Child(ren) born of the marriage, to wit: (namocom) and no other Child(ren) are expected of the marriage; and
WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties as a result of which they have separated from each, and
WHEREAS, the parties desire to fix their respective financial and property rights, the care and custody of the minor child(ren) if any, visitation and all their rights, privileges, and obligations and matters with respect to each other arising out of the marital relationship and otherwise, and
WHEREAS, the parties have used the Divorce Mediation Services of: Buffalo NY Divorce Mediation Services, whos primary business address is 39 Haviland Place, Hamburg, New York 14075, (716)-404-4140, and
NOW, THEREFORE, in consideration of the premises and mutual undertakings hereinafter set forth, the parties agree as follows:
NON-INTERFERENCE
Neither party shall in any way disturb, trouble, or interfere with the peace and comfort of the other.
SEPARATE OWNERSHIP
Except as otherwise expressively set forth herein, each party shall own, as his or her separate property, free of any claim or right of the other, all of the items of property, real, personal and mixed, of any kind, nature or description and wheresoever situate, which are now in his or her name, control or possession, with full power to dispose of the same.
MARITAL DEBT
Other than agreed above the parties agree that they shall pay the debts that are in their respective names alone and/or that has traditionally paid by them. The parties acknowledge no other outstanding indebtedness that could be considered marital debt for the parties to divide. Subsequent to the execution of this Agreement, each party shall be responsible for any debts they individually incur and neither party shall invoke the other party’s credit or incur any indebtedness for which the other party shall be hereafter liable. It shall be the obligation of each party to pay any other debt in his or her sole name incurred at any time, whether before or after the agreement, except as provided for herein.
DISCHARGE AND RELEASE
Subject to the provisions of this Agreement, each party hereby remises, releases and forever discharges the other of and from all causes of action, claims, rights or demands, in law or in equity, which he or she ever had or now has against the other, except any and all-cause or causes of action arising from the failure of either party to perform in full his or her obligation under this Agreement or with respect to actions involving custody, visitation or child(ren) support.
MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN ESTATES
Each party hereby irrevocably releases, waives and relinquishes any and all present and future rights under the present or future laws of any jurisdiction or under any will or testamentary writing now or hereafter in existence to share in and to act as executor or administrator or trustee or, without limitation, in any capacity or for any reason whatsoever with respect to the other party’s estate by reason of any right which may now hereafter exist. This provision shall constitute a mutual waiver by each party to take under any existing will or testamentary writing of the other and to take against each other’s will or testamentary writings, now or hereafter in force, under the present or future laws of any jurisdiction, and without limiting the foregoing, to relinquish any and all rights in and to each other’s estate including but not limited to all rights of dower and curtesy. However, the foregoing shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such a claim may be made, in addition to any other remedies which may be available.
ACKNOWLEDGMENT OF LEGAL RIGHTS PURSUANT TO SECTION 236(B) OF THE DOMESTIC RELATIONS LAW
(A) APPLICABLE LAW. The within Property Settlement Agreement shall be construed pursuant to the terms and conditions of Section 236(B) of the Domestic Relations Law as it applies to new actions or proceedings subsequent to July 19th, 1980.
(B) CHILD(REN) SUPPORT AND MAINTENANCE. With regard to child(ren) support (if applicable) and Maintenance (if applicable)), each party acknowledges that they have adequate information of the other parties’ income and that they have considered the applicable guidelines when determining the appropriate amount of child(ren) support and or maintenance. They have each relied upon the truth and veracity of the financial information exchanged between them if any and of the parties previously filed State and Federal Joint Income Tax Returns. They have also considered the following:
- income and property of the parties;
- duration of the marriage prior to physical separation;
- age and health of the parties;
- the capacity of the persons need to be self-supporting
- standard of living
- tax consequences of any amounts of money or property exchanges, given or received
- number of unemancipated child(ren);
- financial resources of the parties;
- physical and emotional health of the child(ren)
- all of the needs of the child(ren)
- non-monetary contributions;
- all of the factors reasonable and proper affecting the dissolution of the marriage and the amounts of money paid and/or exchange or given in this action and/or Agreement.
(C) MARITAL PROPERTY. Each of the parties acknowledges that all of the marital property accumulated by the parties during the course of their marriage, regardless of the form in which title is held, is subject to equitable distribution and a distributive award to be paid. Each party further acknowledges that a distributive award shall be the payment from one spouse to the other to supplement, facilitate or effectuate the division or distribution of their marital property. Each of the parties specifically waives a distributive award.
Each party acknowledges and understands that the following property shall be specifically excluded from marital property.
- property acquired by each party prior to the marriage;
- property acquired by each party by bequest;
- property acquired as a result of compensation for personal injury;
- the increase in the value of the separate property (non-marital) except to the extent due to the contributions and efforts of the other spouse; and property acquired after the date of physical Separation of the parties.
The parties additionally acknowledge to each other that all property considered separate property and/or marital property as designated in the within agreement shall be deemed conclusively to be the sole and separate property of the designated spouse or the marital property of the spouse in whose name the property is currently held.
(D) DISTRIBUTION OF PROPERTY. Each of the parties acknowledges that after reviewing all of their separate and marital property that they have agreed as hereinafter set forth to equitably distribute their marital property and that such distribution has been made as equitably effective as possible, giving full consideration to all of the following factors:
- income and property at the time of the marriage;
- income and property at the time of the commencement of the action and/or negotiation of the agreement;
- duration of the marriage and the date of physical separation of the parties;
- age and health of the parties;
- the needs of the custodial parent with regard to the marital residence;
- loss of inheritance and pension rights;
- award of maintenance, child(ren) support and/or family allowance;
- acquisition of property by indirect contributions, direct contributions, joint efforts, contributions as a spouse, contributions as a homemaker, and contributions to the career or career potential of the spouse;
- the liquid and/or non-liquid character of the marital property;
- probably future financial circumstances of the parties;
- the difficulty in the evaluation of business assets;
- all of the factors reasonable and proper affecting the dissolution of the marriage and the amounts of money paid and/or property exchanges or given in this action and/or Agreement.
The parties acknowledge that each is fully aware of the financial circumstances of his or her spouse and acknowledge that they are aware that each is entitled to full and complete disclosure of the financial circumstances of the other. The parties specifically agree that no further financial disclosure is necessary and agree that there be no financial disclosure beyond that which has already been obtained by each of them.
DIVORCE
The parties agree that the terms of this agreement shall be incorporated by reference, but not merged into any final decree of Divorce. This agreement notwithstanding, such incorporation shall not be merged into the divorce decree, but shall survive same and shall be binding and conclusive on the parties hereto.
EXECUTION OF DOCUMENTS
Each party shall at any time and from time to time hereafter, take any and all steps and execute and deliver any and all further instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement.
VOLUNTARY EXECUTION OF AGREEMENT
The parties acknowledge that they have entered into this Agreement freely and voluntarily and without coercion of any kind from any source whatsoever, and that they have ascertained and weighed all the facts, conditions and circumstances likely to influence their judgment herein; that they have had adequate opportunity to seek legal advice independently of each other; that they have been, to their own personal satisfaction, apprised of their respective rights of all matters embodied herein, as well as all questions pertinent hereby have been fully and satisfactorily explained to them; that they have been given due consideration to such matters and questions; and that they clearly understand and consent to all the provisions hereof; and that each believes the Agreement to be fair, just and reasonable and not unconscionable.
MODIFICATION OR WAIVER
Each party’s failure to insist in any one or more instances upon the strict performance of any of the terms of this Agreement on the other Party’s part to be performed, to exercise any option to make any election herein contained or provided for, shall not be considered as a waiver or relinquishment for the future of any such term, option or election and the same shall continue in full force and effect. No waiver of relinquishment shall be deemed to have been made by either party unless in writing duly signed by him or her.
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties or modified by a Court of competent jurisdiction. No waiver of any breach hereof, or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
ENTIRE UNDERSTANDING
This Agreement together with such separate writings as may be executed by the parties simultaneously herewith contained the entire understanding of the parties. There are no representations, warranties, promises, covenants, or undertaking other than those expressly set forth herein and in such writing.
POSSIBLE INVALIDITY
If a Court of competent jurisdiction at any time holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect.
GOVERNING LAWS
The laws of the State of New York shall govern all matters affecting the interpretation of the Agreement and the rights of the parties.
BINDING ON REPRESENTATIVES
This Agreement shall be binding upon the respective heirs, next of kin, executors, administrators, and assigns of the parties hereto.
INDEPENDENT COVENANTS
Each of the respective rights and obligations of the parties hereunder shall be deemed independent and may be enforced independently irrespective of any of the other rights and obligations set forth herein.
ENTIRE UNDERSTANDING
This Agreement contains the entire understanding of the parties who hereby acknowledge that there have been no representations, warranties, covenants or undertakings other than those expressly set forth. The parties agree that an executed copy of this Agreement will be filed in the office of the County Clerk.
Part II
CHILD CUSTODY,
ACCESS AND SUPPORT
…..to be continued
If you decide to use Buffalo NY Divorce Mediation to mediate your divorce we will continue adding to this agreement to all the terms that you want in your property settlement and separation agreement are covered. To retain our office please print out and sign the agreement to mediate and then either scan the agreement or take a picture of only the signature page and then email it to john@buffalonydivorcemediation.com or text it to use at 716-998-5475. We will then invoice you electronically and upon payment of the retainer schedule our first mediation session. Thank you. John.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.
____________________________ ____________________________
(Wife’s Name) (Husband’s Name)
____________________________ _____________________________
Dated: Dated:
STATE OF NEW YORK )
COUNTY OF __________ ) : ss.
On the ______day of ______ in the year 2018, before me, the undersigned, a notary public in and for said state, personally appeared (Wife’s Name), personally known to me or proved to me on the basis of satisfactory evidence within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument.
_______________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF _______ ) : ss.
On the ______day of ______, in the year 2018, before me, the undersigned, a notary public in and for said state, personally appeared (Husband’s Name) personally known to me or proved to me on the basis of satisfactory evidence within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument.
_______________________________
Notary Public
Version – 2018 PSA – Copy Rights 2018 Buffalo NY Divorce Mediation
