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Divorce 123

Marital Settlement Agreement Checklist

MARITAL SETTLEMENT AGREEMENT CHECKLIST

FACTS
Names of parties
Date of Marriage
Date of Separation
Identity, birthdate, and gender of minor children
Dissolution case filed or to be filed and by whom
Issues covered by agreement

PROPERTY
Community property awarded to parties
Sale of property
Confirmation of separate property interests
Household furniture and furnishings
Personal effects
After-discovered property
Division of debt
    "hold harmless" clauses

REIMBURSEMENT
Separate property contributions to community property
Payments on debts (post separation)
Use of community assets post separation

CHILD CUSTODY
Legal custody -- joint vs. sole
Legal custody provisions
Change of principal residence
Physical custody -- joint, primary, sole
Defined time with non-custodial parent
Removal of child from jurisdiction
Child's surname

CHILD SUPPORT
Guideline support
Findings re income, etc.
Rebuttal of guideline?
Payment schedule: weekly, monthly, other
When payments commence
Payable until 18 or graduate from high school
Agreement to pay college expenses?
    Limitations?
Health insurance
Uninsured medical expenses
Special support considerations: special educational needs, extra-curricular
     activities, etc.

SPOUSAL SUPPORT
Amount of support
Payments due: weekly, monthly, or other; when payments begin
Duration of support (death of either party, remarriage of supported spouse,
    further order of court)
Terminate on cohabitation
Combined spousal and child support option (deductible "family support")
Payment of debts as payment of support
Modifiability of spousal support
Amount modifiable?
Duration modifiable?
Reservation of jurisdiction?
Waiver of spousal support?

ATTORNEYS FEES AND COSTS
Attorneys' fees, costs of case (filing, service), experts' fees

TAXES
Tax returns (joint vs. separate returns prior to termination of status)
Tax refunds and deficiencies, indemnification
Dependency exemption

GENERAL PROVISIONS
Effect of reconciliation
Effect of invalidity
Law applicable
Mutual releases
Modification, revocation or termination of agreement
Costs of enforcement
Execution of further instruments -- enforcement
Date agreement effective
Independent advice and legal representation (or voluntary and knowing refusal
     to obtain independent legal advice)
Voluntary and informed consent of parties
Waiver of formal discovery proceedings?
Full disclosure of property and debts
Waiver of exchange of final declaration of disclosure? (Language)
Retention of jurisdiction
Waiver of inheritance rights?
Persons bound

 

 

 

 

 

 

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Last modified: March 08, 2011