MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this _____ day of __________________, 2016, by and between _____________________ (hereinafter “Husband") and ____________________ (hereinafter...

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MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this _____ day of __________________, 2016, by and between _____________________ (hereinafter “Husband") and ____________________ (hereinafter “Wife”), at _______________________, Pennsylvania. W I T N E S S E T H WHEREAS, the parties hereto are Husband and Wife, having been married on --- in ---, Pennsylvania. There were two children born of this marriage. WHEREAS, diverse unhappy difference, disputes and difficulties have arisen between the parties and it is the intention of the Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS, a proceeding for the divorce of the parties is contemplated for filing or has been filed in the Family Division of the Court of Common Pleas of __________________ County, Pennsylvania. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. 2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, said terms shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. FINANCIAL DISCLOSURE: The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 7. ADVICE OF COUNSEL: This agreement has been prepared by Robert M. Donley, Esquire, of DeLeo, Donley, and Teplitz, P.C., attorneys for the ________________. _______________ has been represented in this matter by _______________________, Esquire. 8. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 9. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, commonwealth or territory of the United States, or the United States or any other country or political entity, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 10. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, and hereafter each party agrees that all of the property in the possession of the other shall be the sole and separate property of the other, except as otherwise provided in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES: Husband and Wife hereby agree that the motor vehicles owned by either or both of them shall be divided and distributed as follows: (a) The ________________________ shall become the sole and exclusive property of Wife. (b) The ________________________ shall become the sole and exclusive property of Husband. Each party shall be solely responsible for, and shall indemnify and hold harmless the other party against, any debt, obligation, claim, lien, security interest or encumbrance, now or in the future existing or arising, against, upon or relating to the vehicle which he or she possesses under this paragraph. The titles to the aforesaid motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. 12. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. REAL ESTATE. (a) Transfer of Real Estate - __________________ shall make, execute and deliver all documents in the usual form conveying, transferring and granting to _________________ all right, title and interest in and to the real estate situate at and known as ________________________. The said conveyance shall be free of all liens and encumbrances except the lien of the existing mortgage and shall be under and subject to any covenants and restrictions of record. The said documents shall be executed by __________________ and delivered to ________________ on the date of execution of this Agreement. 14. ALIMONY. ___________________ agrees to pay to _______________ alimony in the amount of ________ Dollars and _______ cents ($____.___) per month for ____ months, beginning _______ of 2016, each such payment to be paid on or before the __th day of the month
Sep 16, 2021
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