"Divorce Agreement Template"

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DIVORCE AGREEMENT
1. INTRODUCTORY PROVISIONS.
1.01. IDENTIFICATION OF PARTIES.
______​
T his agreement is made between ____________________________, hereafter
referred to as “Husband” and __________________________, hereafter referred to as
“Wife”.
1.02. DATE OF MARRIAGE.
______​
T he parties were married on _____________________, at _______________,
and ever since then have been and are husband and wife.
1.03. DATE OF DIVORCE.
______​
T he date of divorce of the parties was ________________________________.
1.04. IRRECONCILABLE DIFFERENCES.
______​
I rreconcilable differences have led to the irremediable breakdown of the
marriage, and there is no possibility of reconciliation.
1.05. MINOR CHILD(REN) OF THE MARRIAGE.
______​
T here are/is _____ minor child(ren) of the marriage of the parties. The minor
child(ren) are/is as follows:
NAME
DATE OF BIRTH
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
DIVORCE AGREEMENT
1. INTRODUCTORY PROVISIONS.
1.01. IDENTIFICATION OF PARTIES.
______​
T his agreement is made between ____________________________, hereafter
referred to as “Husband” and __________________________, hereafter referred to as
“Wife”.
1.02. DATE OF MARRIAGE.
______​
T he parties were married on _____________________, at _______________,
and ever since then have been and are husband and wife.
1.03. DATE OF DIVORCE.
______​
T he date of divorce of the parties was ________________________________.
1.04. IRRECONCILABLE DIFFERENCES.
______​
I rreconcilable differences have led to the irremediable breakdown of the
marriage, and there is no possibility of reconciliation.
1.05. MINOR CHILD(REN) OF THE MARRIAGE.
______​
T here are/is _____ minor child(ren) of the marriage of the parties. The minor
child(ren) are/is as follows:
NAME
DATE OF BIRTH
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
________________________________ ________________________
1.06. PURPOSE OF AGREEMENT.
______​
E xcept as otherwise provided in this agreement, the purpose of this agreement
is to make a final and complete settlement of all rights and obligations between the
parties, including all property rights and, if applicable, all rights and obligations
concerning child custody and visitation, child support, and spousal support.
1.07. WAIVER OF FINAL DECLARATIONS OF DISCLOSURE.
______​
E ach party hereby waives the requirements of Family Code section 2105(a)
that requires the parties serve on each other final declarations of disclosure and
income and expense declarations. As required by Family Code section 2105(c), the
parties hereby declare as follows:
a. Both parties have complied with Family Code section 2104 and the preliminary
declarations of disclosure have been completed and exchanged;
b. The parties have completed and exchanged current income and expense
declarations;
c. Each party has entered into this waiver knowingly, intelligently, and
voluntarily; and
d. Each party understands that by entering into this waiver he/she may be
affecting his/her ability to have the judgment set aside as provided by law.
2. CUSTODY AND VISITATION.
2.01. CONFIRMATION OF PRIOR ORDER.
______​
T he parties’ custody and visitation order, filed on __________________ in the
parties’ dissolution case, shall be confirmed and incorporated by reference as the
custody and visitation provisions of this agreement.
2.02. CUSTODY.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2.03. PARENTING TIME/VISITATION.
______​
_ __________________________ shall have parenting time/visitation with the
minor child(ren) as follows:
______​
S ee Attachment “A”, consisting of _____ pages, incorporated herein by
reference, or as follows:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2.04. NOTICE OF CHANGE OF RESIDENCE.
______​
N either party may change his/her residence or that of any minor child of the
parties without ____ days prior written notice to the other party.
3. CHILD SUPPORT.
3.01. CONFIRMATION OF PRIOR ORDER.
______​
A child support order was previously filed on _________________ in the
(_____) parties’ dissolution case or (____) in the Department of Child Support
Services action, Case No. __________________. This child support, in its entirety,
shall remain in full force and effect, and is hereby incorporated by reference as the
child support provisions of this agreement.
3.02. DEFER MATTER OF CHILD SUPPORT.
______​
T he matter of child support is deferred to the Department of Child Support
Services and is scheduled to be heard on ___________________ at _____________
AM/PM. Any of the parties that have been contacted by DCSS shall immediately, if
not already completed, all documents sent to him/her by DCSS. Both parties shall
appear at Court on the above date for the DCSS hearing.
3.03. RESERVATION OF CHILD SUPPORT.
______​
N either party shall pay child support to the other. Each party shall provide the
direct support for the minor child(ren) for those periods when the child(ren) is/are in
his/her physical custody. The Court in the parties’ dissolution action shall reserve
jurisdiction to order such support payable by one party to the other on a proper
showing at some future time.
3.04. BASIC PAYMENT PROVISIONS.
______​
_ ________________________ shall pay to _____________________, as and
for support of the minor (child)ren, the amount of $__________ per month, payable
by wage assignment on the _________ day of each month, (_____ half on the first and
half on the fifteenth of each month), commencing ________________. The child
support amount is allocated between/among the child(ren) as follows:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
______​
T he parties’ incomes, parenting timeshare, and other circumstances upon
which this support amount is based are as follows (or attached as Exhibit “B”
consisting of ____ pages and incorporated herein by reference):
3.05. ADDITIONAL CHILD SUPPORT.
______​
A s additional child support, _____________________ shall pay to
____________ (or ____ each party shall pay directly to) the provider half of the
education and work-related child care costs of the minor child(ren) beginning on
_______________________.
______​
C hild support, as described above, shall continue until the first of the following
events:
a. The child(ren) attains age 19, or has attained age 18 and either is not a full-time
high school student or is self-supporting;
b. The child dies;
c. The child(ren) enters into a valid marriage, is on active duty with any of the
armed forces of the United States of America, receives a declaration of
emancipation under California law, or otherwise becomes emancipated by
leaving home and becoming self-supporting;
d. The custodial parent dies and the other parent assumes custody of the
child(ren); or
e. Further court order.
3.06. MAINTENANCE OF HEALTH INSURANCE FOR CHILD(REN).
______​
_ ____________________ shall maintain coverage for each minor child under
the medical and dental insurance provided through his/her employment. To facilitate
the use of such coverage for the child(ren), both parties shall cooperate fully and in a
timely manner, including, but not limited to, obtaining and providing all necessary
insurance cards and claim forms, completing and submitting all necessary documents,
and delivering all insurance payments. For purposes of duration and modification,
this provision shall be deemed part of the child support orders made by the court in the
parties’ dissolution action. If such insurance is or becomes unavailable, he/she shall
provide similar coverage, if any, available to him/her at no cost or reasonable cost. If
no insurance is available, both parties will pay equal portions of any medical costs.
3.07. PAYMENT OF UNCOVERED HEALTH CARE EXPENSES.
______​
T he parties agree that ____________________ shall pay all (or ____ each
party shall pay half) of the medical, dental, orthodontic, optical, psychiatric,
psychological, and other health care expenses of each minor child, to the extent not
covered by insurance. The party incurring the expense shall present to the other party
an itemized statement of costs accrued or paid, proof of payment of any costs paid by
the party, and any necessary information about how to make payment to the provider,
within a reasonable time, but not more than ____ days after accruing the costs. The
reimbursing party shall make the required payment or reimbursement within a
reasonable time, but not more than ___ days after notification of the amount due. For
purposes of duration and modification, this provision shall be deemed part of the child
support orders made by the court in the parties’ dissolution action.
3.08. CHILD SUPPORT STIPULATION ACKNOWLEDGMENTS.
______​
T he parties declare the following with regard to their agreement regarding
child support:
a. The parties are fully informed of their rights concerning child support,
including the right to have child support awarded in accordance with
legislatively determined guidelines;
b. This order is being agreed to without coercion or duress;
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