(Prepares an agreement which covers property settlement, child custody (if applicable) and debts of a couple which have cohabited without marriage. Similar in concept to a property settlement agreement for those who are married.)
Termination Of Non Marital Agreement
[NAME] FIRSTCOHABITANT, referred to as FIRSTCOHABITANT and [NAME] SECONDCOHABITANT, referred to as SECONDCOHABITANT, agree:
The parties have cohabited together, without establishing a relationship of marriage whether statutory or by common law since ________, 20 __.
The parties are the parents of the following children:
No further children are contemplated.
The parties shall henceforth live separate and apart without interference from one another.
The parties waive any legal, equitable or statutory rights which are not set forth herein.
Other than those rights and obligations which are set forth herein, the parties herewith mutually release one another from any and all claims, demands, contracts, statutory rights or other obligations from the beginning of time to the present.
The parties waive any and all rights to participate or share in the estate of one another. Each party waives the right to act as the executor of the will or probate estate of the other party to this agreement. This waiver shall not apply as to any obligations set forth in this agreement, and either party may present a claim as a creditor or party in interest in the other's estate to the extent that those rights arise and are derived from this agreement.
The parties have incurred the following joint debts:
CAR PAYMENT; CREDIT CARDS; CREDIT UNION VACATION LOAN.
THE PARTIES SPECIFICALLY WARRANT TO ONE ANOTHER THAT ALL JOINT DEBTS HAVE BEEN DISCLOSED.
FIRSTCOHABITANT shall be solely responsible for the following debts:
SECONDCOHABITANT shall be solely responsible for the following debts:
As to debts which either party undertakes sole responsibility, the party shall indemnify and hold the other party harmless from any and all claims related to such debt.
The following disposition is made of the joint debts of the parties:
Each party shall duly and promptly discharge their respective portion of each debt stated above.
Each party shall be liable in contribution to the other for any amounts paid under compulsion which are in excess of the agreed shares stated above.
The following property is the separate property of FIRSTCOHABITANT, and SECONDCOHABITANT waives any and all claims to such property:
FIRSTCOHABITANT shall pay and hold SECONDCOHABITANT harmless from any liabilities or claims related to the separate property above.
The following property is the separate property of SECONDCOHABITANT, and FIRSTCOHABITANT waives any and all claims to such property:
SECONDCOHABITANT shall pay and hold FIRSTCOHABITANT harmless from any liabilities or claims related to the separate property above.
The following property is the joint property of the parties:
The following disposition shall be made of the jointly held property:
TO BE SOLD AT AUCTION; PROCEEDS DIVIDED 50-50
The parties warrant to one another that all jointly held property has been disclosed.
FIRSTCOHABITANT and SECONDCOHABITANT shall have joint custody of the children of this relationship. Any major decision regarding the welfare of the children shall be made by consensus. Support for the children shall be paid as follows:
EACH PARTY WILL CONTRIBUTE $------ PER MONTH TO ACCOUNT HELD IN TRUST BY [NAME].
The day to day custody and visitation of the children shall be decided upon by consensus of the parties.
The parties recognize that the Courts shall have the right to modify these arrangements upon appropriate petitions.
The parties shall take income tax exemptions for the children as follows:
DEPENDENTS WILL BE PLACED ON THE TAX RETURN OF [NAME].
The parties agree that in the event either party deems that there is a breach of this agreement, or that the parties cannot agree upon any issue which shall be decided by consensus, they shall first mediate the dispute before a certified family law mediator. Such mediation shall not be required in the event of an emergency in which an adjudication is required in 96 hours or less, provided that either party may object at any court proceeding to the emergency nature of the dispute.
The parties herein are making a disposition of jointly held property between co-owners and that the transactions herein are not sales for the purpose of income tax. The parties agree that the basis for tax purposes of the items is not changed by these transactions.
This agreement contains the entire agreement between the parties, and this agreement may only be altered in writing executed by the parties hereto.
Each party has had a full opportunity to consult with independent counsel in regards to this agreement.
This agreement was jointly drafted by the parties, and the principle that an agreement will be construed against the drafting party in the event of ambiguity shall not apply.
In the event of any litigation as a result of this agreement, the prevailing party shall be entitled to an award of reasonable counsel fees, including appeal and post-judgment services.
This agreement shall be construed under the laws of ____________.
READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.
In the event of any reconciliation of the parties, this agreement shall remain in full force and effect unless cancelled or amended in writing.
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