Sample Marital Settlement Agreement Provisions Form

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SAMPLE MARITAL SETTLEMENT AGREEMENT PROVISIONS
(date)
This Agreement is between __________, husband, hereinafter "___________",
and _______________, wife, hereinafter "________".
RECITALS:
1.
The parties to this Agreement were duly married on ___________, 19__, in
_______________________, and have ever since been and are now husband and wife.
2.
The parties' only children, living or deceased, are: ___________, born
________ ; and __________ , born ____________. ________ is not now pregnant.
2a.
No children have been born to the parties and none are expected.
3.
Irreconcilable differences between the parties have caused the irremediable
breakdown of their marriage and they separated on or about _____________, 19__.
4.
___________ has filed a domestic relations suit in the ________County,
Oregon, Circuit Court, Case No. ____________, which suit is now pending.
4a.
The parties, or one of them, anticipate soon filing a domestic relations suit
in the _____________ County, Oregon, Circuit Court.
5.
The parties desire by this Agreement to voluntarily and equitably settle all
of the issues between them, including all parenting arrangements, child and spousal
support, property division, responsibility for debts and attorney fees and costs.
(for your consideration as examples of possible personal recital statements - not
required)
6. In coming to this Agreement, _________ and ________ desire first and
foremost to express their love and affection for _____________________. The parties
recognize and here state that their children had nothing to do with their decision to
terminate their marriage. Through the making of this Agreement, the parties hope to
avoid any unnecessary hardship to ___________. In here providing for the future
parenting of ___________, the parties have the best interests of their children in mind.
7. In coming to this Agreement, __________ and __________ also desire to state
that neither of them blames the other for the failure of their marriage through any
Marital Settlement Agreement - 1
SAMPLE MARITAL SETTLEMENT AGREEMENT PROVISIONS
(date)
This Agreement is between __________, husband, hereinafter "___________",
and _______________, wife, hereinafter "________".
RECITALS:
1.
The parties to this Agreement were duly married on ___________, 19__, in
_______________________, and have ever since been and are now husband and wife.
2.
The parties' only children, living or deceased, are: ___________, born
________ ; and __________ , born ____________. ________ is not now pregnant.
2a.
No children have been born to the parties and none are expected.
3.
Irreconcilable differences between the parties have caused the irremediable
breakdown of their marriage and they separated on or about _____________, 19__.
4.
___________ has filed a domestic relations suit in the ________County,
Oregon, Circuit Court, Case No. ____________, which suit is now pending.
4a.
The parties, or one of them, anticipate soon filing a domestic relations suit
in the _____________ County, Oregon, Circuit Court.
5.
The parties desire by this Agreement to voluntarily and equitably settle all
of the issues between them, including all parenting arrangements, child and spousal
support, property division, responsibility for debts and attorney fees and costs.
(for your consideration as examples of possible personal recital statements - not
required)
6. In coming to this Agreement, _________ and ________ desire first and
foremost to express their love and affection for _____________________. The parties
recognize and here state that their children had nothing to do with their decision to
terminate their marriage. Through the making of this Agreement, the parties hope to
avoid any unnecessary hardship to ___________. In here providing for the future
parenting of ___________, the parties have the best interests of their children in mind.
7. In coming to this Agreement, __________ and __________ also desire to state
that neither of them blames the other for the failure of their marriage through any
Marital Settlement Agreement - 1
deliberate intention and that each party has greatly contributed to the other party's growth
during their marriage. The parties here express their desire to maintain their friendship
and to provide each other with emotional support and encouragement.
IT IS AGREED:
A.
Each Parent Fit and Proper
___________ and _________ agree that each is a fit parent and proper person to
care for ____________. The parties also agree that it is in the best interests of
____________ for each parent to continue to have an active and constructive role in
providing a moral, social, economic and educational environment for _____________.
The parties intend that ___________ have a sense of security and the benefit of a good
relationship with each parent.
B.
Parenting Arrangements
The parties agree that _________ shall have primary custody of
______________________ subject to _________'s visitation and parenting rights as
follow:
The parties agree that they shall have joint legal and physical custody of
_________________ as follows:
The parties agree that _________ shall have primary physical custody and that
they shall have joint legal custody of _______ as follows:
The parties agree that their children shall have the following time with each parent
and that each parent shall have the following responsibilities for the children:
1.
Residential Schedule
a.
Weekends
__________ shall have time with _______________ every other weekend from
____ on __________ until _______ on _____________.
b.
Weekdays
__________ shall also have time with ___________ every (other) ___________,
beginning at _____ and ending at _______, if _________ are (is) in school, and
Marital Settlement Agreement - 2
commencing at _______ and ending at ___________, if
_________ are (is) not in
school.
c.
Holiday and Vacation Periods
The parties agree that they shall, overall, equally share holiday and vacation time
with their children. The parties agree to communicate at least _______ days prior to each
holiday or vacation period to determine a residential scheduling for the period. If
practicable and mutually desired, the parties shall share, approximately equally, each
holiday and vacation period. To the extent that the parties do not so share a particular
holiday and vacation period, they agree that they shall annually alternate the ability to
spend that holiday or vacation time with the children. Thus, if one party has the children
for a particular holiday or vacation period in "year one", the other party shall have the
option of having comparable time with the children during that same holiday or vacation
period the next year. This option shall continue to so annually alternate between the
parties, exercisable by notice during the parties' advance holiday communication (at least
___ days prior to the holiday or vacation period).
In the event that the above-stated rules for determination of holiday and vacation
periods with the children do not sufficiently define a particular holiday (for example, to
determine who shall initially have a mutually desired entire holiday period), the parties
agree that they shall flip a coin to make such holiday determination.
In addition to the above general arrangements, the parties specifically agree to the
following holiday arrangements:
Winter Vacation from School
The parties agree that they shall share the winter vacation from school with the
children and annually alternate which of them gets the "first half" and which gets the
"second half," with the mid-point being Christmas day at ____ each year.
Christmas
On Christmas Day, the parties agree that the children will open gifts first at
_____'s home each year, and then, beginning at approximately _____, open presents at
______'s home and stay with _____ for the balance of that night until noon the next day.
Marital Settlement Agreement - 3
Three-Day Weekends
The parent who would ordinarily have the child(ren) on a given weekend shall
also have them for the following Monday, through ____, in the event of a three-day
holiday weekend.
The parties shall alternate having time with the children on three-day weekends
and modify their regular weekend schedule to so balance three-day weekends with the
children.
Spring Break from School
If the parties are both in town over spring break, they shall share time with the
children approximately equally, dividing the vacation at noon on Wednesday, if the
parties do not then agree otherwise. If one parent wants to travel with the children, that
parent can do so and the other parent shall have a comparable travel option the following
year (which shall continue to so annually alternate).
Summers
______ shall also have time with _______________ for ____ weeks total of
consecutive days during the summer in not more than ___ blocks of time. The parties
shall communicate by _______ each year to establish which continuous days ___ will
have with ________ that summer. Thereafter, changes in that year's summer scheduling
will not be allowed except by written agreement of both parties.
or
The parties further agree that they shall meet by _______ each year to determine
any changes in their regular parenting schedule for the following summer. The parties
specifically agree that _________ shall have the option of spending up to _______
weeks, to be exercised in not more than ____ blocks of time, with the children each
summer; and also that _____ shall have the additional option of spending up to ______
weeks each summer alone, for travel or otherwise, without any residential responsibility
for the children. If the parties are not able to promptly agree upon such scheduling of a
summer, they agree that they shall alternate weekly choices of desired time with the
children and desired time alone so as to complete the summer schedule.
Marital Settlement Agreement - 4
Child(ren)'s Birthdays
The parties shall annually alternate responsibility for coordinating the children's
birthdays.
_______ shall coordinate ______'s birthday celebration each year and ______
shall be invited to attend.
Parents' Birthdays and Mother's and Father's Days
Notwithstanding other provisions herein, ____ shall have the children in residence
with ____ on his birthday and ___ shall have the children in residence with ____ on her
birthday. ____ shall also have the children in residence on Father's Day and ____ have
the children in residence on Mother's Day.
d.
Flexible Time with
________ shall flexibly be able to see the children, or any of them, conditioned
upon prior notice to ________ and _____'s desired time with the child(ren) not
conflicting with _____'s or the child(ren)'s established plans.
e.
Overnight Child Care
The parties further agree that, in the event the scheduled residential parent for the
children is unable to care for the children overnight and needs to obtain substitute child
care, such scheduled and unavailable parent shall first contact the other parent, with the
greatest notice reasonably possible, to advise the other parent of the need for child care
and to give the other parent a first option to provide the needed care for the children.
2.
Parental Cooperation
The parties agree to give support to each other in their roles as parents and to take
into account the views of the other for the physical and emotional well-being of
__________. Each party agrees to seek to obtain the agreement of the other, in advance,
with regard to any activity of ___________ that could reasonably be expected to be of
substantial concern to the other. The parties agree that major decisions affecting
_____________________'s health, welfare, education and upbringing shall be made by
_______________, after discussion and consultation with one another. The only
exception to this provision shall be that of an emergency reasonably necessitating
immediate attention and decision-making.
Marital Settlement Agreement - 5

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