DIVORCE AGREEMENT
State of Alabama
BACKGROUND:
A. ________ and ________ (known collectively as the "Parties" and individually as a "Party") were legally married on ________, in ________, the County of ________, Alabama. Due to irreconcilable differences that have arisen between the Parties, they agree to live separate and apart from each other, bound by the terms and conditions contained in this Agreement.
B. The Parties have made a full and complete disclosure to each other on all financial matters discussed in this Agreement.
C. The terms of this Agreement are intended to settle the matters contemplated and may be incorporated into a final decree of divorce, unless specific changes are made in any subsequent Divorce Agreements.
D. The Parties have both voluntarily entered into this Agreement and sign of their own will and volition. Both Parties assert and affirm that they are in sound mental health.
IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree to the following:
I. LIVING SEPARATE AND APART
1. The Parties have lived separate and apart, both physically and emotionally, since ________. The Parties have agreed that they will not enter the other's living or work space without prior invitation or approval.
II. MARITAL HOME
2. The marital home owned by the Parties is located at the following address:
________
3. ________ will transfer their interest in the Marital Home to ________.
4. ________ waives and releases all rights of homestead, equitable distribution, dower, curtesy, and all other rights, titles, and interests, if any, in and to the Marital Home.
5. ________ has executed or will execute a quitclaim deed conveying their interest in the Marital Home and hereafter ________ will be solely responsible for paying all encumbrances registered against the Marital Home.
6. ________ will indemnify and hold ________ harmless from and against all obligations and expenses, including reasonable attorney's fees, arising out of or related to the Marital Home.
III. ASSETS
7. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, the Parties agree to incorporate the terms of that property agreement, a copy of which is attached, into this document and neither makes any claim to assets in the possession of the other.
IV. DEBTS
8. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
9. The Parties agree to divide their marital debts as set out in this Agreement below:
________
10. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
V. SPOUSAL SUPPORT
11. ________ will pay spousal support in the amount of $________ (________ dollars) Monthly to ________ indefinitely until the death of ________. Spousal support payments will begin on ________ and will be paid on the on the 1st (first) of each month.
VI. EQUITABLE DISTRIBUTION RELEASE
12. The Parties covenant and agree that they are aware of the equitable distribution laws of Alabama and it is their intention that the equitable distribution laws will not apply to the status, ownership, interest, and division of their property, either jointly or separately owned, nor to their future property, whether real or personal, and owned by either one or both of them, and the Parties further covenant and agree that it is their desire and intent by the terms of this Agreement to contract out of the equitable distribution laws of Alabama and to make a full and final settlement of all matters of property, both real and personal, previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
VII. DOWER, CURTESY, AND HOMESTEAD RELEASES
13. Each Party releases all dower, curtesy, and homestead rights under any statute of Alabama, or any other jurisdiction whatsoever, that, but for this agreement, each would have in and to property in the name of the other, or in their names jointly or as tenants in common.
VIII. 555855 888 555582585888 85528555588
________. 552 2552828 52225282 588 582528 2585 28252 5582 82 25 22 252 55282882552822 22 252 22525'8 282522 8522525 52525 522 858 22 ________, 25 522 52522 25 822222825825 25 88825882 22 252 528225 525228, 25 522 8252252 82 85885 522 2552 22 252 282522 22 252 22525 252 82 88255225 525 2552525 85882 525 5282582 252 22525 2522 522 525 588 582528 22 28252 2825, 252552, 525 52885822822 2552 2585 252 5885852 58 5 822582 25 5 855888822 822582 82 252 25222522, 588228, 25 282522 22 252 22525.
IX. 2585588 8525855
14. 558222 58 225258882 25288525 82 2588 825222222, 252 2552828 85882 525 5288285885 522 525 588 582528 25 885828, 82 858 25 82 285822, 22 52282 22 82882 25 82 522 852 85552 25 88582 522 82225282 8552822825, 228 25 52 522 252552 2822, 82 5888, 282(2) 28528, 25 522 5228225 822258852822 2852, 5228225 82222828 2852, 5228522222 2852 25 2228822, 8588228 2852, 25 252282 8555822 2852 22 522 2222 585885882 2552525 2228222222, 25 522 82222828 2525222, 85885 252 22525 25522 252822282 558 25 252 5885852 82 252 252552.
X. GENERAL RELEASE
15. Each Party releases all claims whatsoever and however arising, whether under the laws of Alabama or any other jurisdiction, including and without limiting the generality of the foregoing, whether arising by statute or at common law and including actions found on constructive trust, resulting trust, or unjust enrichment, which such Party may now or hereafter have or acquire or be entitled to against the property of the other Party, however and whenever acquired, including and without limiting the generality of the foregoing, real property, personal property, any income from such property or assets of the other Party and any increase in the value of such property, or against the estate of the other Party, but if any such action should be brought, the provisions of this Agreement may be pleaded as an answer to any claim asserted and will constitute a full and complete defense thereto.
XI. GENERAL PROVISIONS
16. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
17. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
18. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
19. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
20. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation before initiating a court action.
21. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
22. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
23. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
24. The headings of this Agreement form no part of it and have been included only for convenience.
25. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
26. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
27. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
28. The law of Alabama will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
IN WITNESS WHEREOF the Parties have duly affixed their signatures.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
ACKNOWLEDGMENT
State:________________________
County: ______________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________, personally known to me, whose name is signed to the foregoing Separation Agreement and that ________ entered into this Separation Agreement of their own free will and volition without any force or duress by any Party.
Given my hand and seal this _______ day of ___________________, ________.
______________________________
ATTORNEY
ACKNOWLEDGMENT
State:________________________
County: ______________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________, personally known to me, whose name is signed to the foregoing Separation Agreement and that ________ entered into this Separation Agreement of their own free will and volition without any force or duress by any Party.
Given my hand and seal this _______ day of ___________________, ________.
______________________________
ATTORNEY
DIVORCE AGREEMENT
State of Alabama
BACKGROUND:
A. ________ and ________ (known collectively as the "Parties" and individually as a "Party") were legally married on ________, in ________, the County of ________, Alabama. Due to irreconcilable differences that have arisen between the Parties, they agree to live separate and apart from each other, bound by the terms and conditions contained in this Agreement.
B. The Parties have made a full and complete disclosure to each other on all financial matters discussed in this Agreement.
C. The terms of this Agreement are intended to settle the matters contemplated and may be incorporated into a final decree of divorce, unless specific changes are made in any subsequent Divorce Agreements.
D. The Parties have both voluntarily entered into this Agreement and sign of their own will and volition. Both Parties assert and affirm that they are in sound mental health.
IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree to the following:
I. LIVING SEPARATE AND APART
1. The Parties have lived separate and apart, both physically and emotionally, since ________. The Parties have agreed that they will not enter the other's living or work space without prior invitation or approval.
II. MARITAL HOME
2. The marital home owned by the Parties is located at the following address:
________
3. ________ will transfer their interest in the Marital Home to ________.
4. ________ waives and releases all rights of homestead, equitable distribution, dower, curtesy, and all other rights, titles, and interests, if any, in and to the Marital Home.
5. ________ has executed or will execute a quitclaim deed conveying their interest in the Marital Home and hereafter ________ will be solely responsible for paying all encumbrances registered against the Marital Home.
6. ________ will indemnify and hold ________ harmless from and against all obligations and expenses, including reasonable attorney's fees, arising out of or related to the Marital Home.
III. ASSETS
7. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, the Parties agree to incorporate the terms of that property agreement, a copy of which is attached, into this document and neither makes any claim to assets in the possession of the other.
IV. DEBTS
8. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
9. The Parties agree to divide their marital debts as set out in this Agreement below:
________
10. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
V. SPOUSAL SUPPORT
11. ________ will pay spousal support in the amount of $________ (________ dollars) Monthly to ________ indefinitely until the death of ________. Spousal support payments will begin on ________ and will be paid on the on the 1st (first) of each month.
VI. EQUITABLE DISTRIBUTION RELEASE
12. The Parties covenant and agree that they are aware of the equitable distribution laws of Alabama and it is their intention that the equitable distribution laws will not apply to the status, ownership, interest, and division of their property, either jointly or separately owned, nor to their future property, whether real or personal, and owned by either one or both of them, and the Parties further covenant and agree that it is their desire and intent by the terms of this Agreement to contract out of the equitable distribution laws of Alabama and to make a full and final settlement of all matters of property, both real and personal, previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
VII. DOWER, CURTESY, AND HOMESTEAD RELEASES
13. Each Party releases all dower, curtesy, and homestead rights under any statute of Alabama, or any other jurisdiction whatsoever, that, but for this agreement, each would have in and to property in the name of the other, or in their names jointly or as tenants in common.
VIII. 555855 888 555582585888 85528555588
________. 552 2552828 52225282 588 582528 2585 28252 5582 82 25 22 252 55282882552822 22 252 22525'8 282522 8522525 52525 522 858 22 ________, 25 522 52522 25 822222825825 25 88825882 22 252 528225 525228, 25 522 8252252 82 85885 522 2552 22 252 282522 22 252 22525 252 82 88255225 525 2552525 85882 525 5282582 252 22525 2522 522 525 588 582528 22 28252 2825, 252552, 525 52885822822 2552 2585 252 5885852 58 5 822582 25 5 855888822 822582 82 252 25222522, 588228, 25 282522 22 252 22525.
IX. 2585588 8525855
14. 558222 58 225258882 25288525 82 2588 825222222, 252 2552828 85882 525 5288285885 522 525 588 582528 25 885828, 82 858 25 82 285822, 22 52282 22 82882 25 82 522 852 85552 25 88582 522 82225282 8552822825, 228 25 52 522 252552 2822, 82 5888, 282(2) 28528, 25 522 5228225 822258852822 2852, 5228225 82222828 2852, 5228522222 2852 25 2228822, 8588228 2852, 25 252282 8555822 2852 22 522 2222 585885882 2552525 2228222222, 25 522 82222828 2525222, 85885 252 22525 25522 252822282 558 25 252 5885852 82 252 252552.
X. GENERAL RELEASE
15. Each Party releases all claims whatsoever and however arising, whether under the laws of Alabama or any other jurisdiction, including and without limiting the generality of the foregoing, whether arising by statute or at common law and including actions found on constructive trust, resulting trust, or unjust enrichment, which such Party may now or hereafter have or acquire or be entitled to against the property of the other Party, however and whenever acquired, including and without limiting the generality of the foregoing, real property, personal property, any income from such property or assets of the other Party and any increase in the value of such property, or against the estate of the other Party, but if any such action should be brought, the provisions of this Agreement may be pleaded as an answer to any claim asserted and will constitute a full and complete defense thereto.
XI. GENERAL PROVISIONS
16. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
17. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
18. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
19. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
20. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation before initiating a court action.
21. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
22. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
23. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
24. The headings of this Agreement form no part of it and have been included only for convenience.
25. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
26. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
27. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
28. The law of Alabama will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
IN WITNESS WHEREOF the Parties have duly affixed their signatures.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
ACKNOWLEDGMENT
State:________________________
County: ______________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________, personally known to me, whose name is signed to the foregoing Separation Agreement and that ________ entered into this Separation Agreement of their own free will and volition without any force or duress by any Party.
Given my hand and seal this _______ day of ___________________, ________.
______________________________
ATTORNEY
ACKNOWLEDGMENT
State:________________________
County: ______________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________, personally known to me, whose name is signed to the foregoing Separation Agreement and that ________ entered into this Separation Agreement of their own free will and volition without any force or duress by any Party.
Given my hand and seal this _______ day of ___________________, ________.
______________________________
ATTORNEY
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