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_SETUP.1
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NOMARTR.BLD
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1997-07-22
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11KB
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376 lines
#200
@001 Enter the full name of the first cohabitant:
~Enter the name of one of the parties. ORDER IS NOT SIGNIFICANT.
@100 Enter the SURNAME ONLY of the first cohabitant:
~Enter the last name of the first party who is listed.
@002 Enter the full name of the second cohabitant:
~Enter the name of the other party. ORDER IS NOT SIGNIFICANT.
@200 Enter the SURNAME ONLY of the second cohabitant:
~Enter the last name of the second party.
#201/#202 The parties:
~Select whether the parties resided together under a written
~agreement, or without a written agreement.
did not have a prior written cohabitation agreement
did have a prior cohabitation agreement
#if#201
|103 Enter the date when cohabitation began:
~Enter the date when the parties began to cohabit.
#endif
#if#202
|104 Enter the date when cohabitation began:
~Enter the date when the parties began to cohabit.
|105 Enter the date of the cohabitation agreement:
~Enter the date when the parties' cohabitation agreement was
~executed.
#endif
#203 Do the parties have any children?
~Select yes if the parties are parents of any children. DO NOT
~select yes unless both parties are parents of the same child.
#if#203
@106 Enter the names of the children and their ages:
~Enter the names of the children born from this relationship and
~their ages.
#endif
#204
#205/#300 The parties
~Select whether the parties have incurred debts together.
have incurred joint debts
have not incurred joint debts
#if#205
@107 Enter a description of the joint debts:
~Enter a description of joint debts. This should include the
~name of the creditor and present balance. For example:
~Last National Bank Carte Blanche, $5,000.
@108 Enter the debts to be paid solely by first cohabitant:
~Enter the debts which will be paid ONLY by the first named
~cohabitant.
@109 Enter the debts to be paid solely by second cohabitant:
~Enter the debts which will be paid ONLY by the second named
~cohabitant.
@110 Enter debts to be paid jointly, and each parties' responsibility.
~List any debts both parties will continue to pay, and how payments
~will be divided and paid.
#endif
#206 Does the first party have separate property?
~Select yes if the first party has property which is separate
~from the cohabitation. (For example, an inheritance received
~before the parties began to live together.)
#if#206
@111 Enter a description of the separate property:
~Enter a description of the property that is separate and will
~remain separate. Be specific: for example, 300 shares of
~Amalgamated Independent United.
#endif
#207 Does the second party have separate property?
~Select yes if the second party has property which is separate
~from the cohabitation. (For example, an inheritance received
~before the parties began to live together.)
#if#207
@112 Enter a description of the separate property:
~Enter a description of the property that is separate and will
~remain separate. Be specific: for example, 300 shares of
~Amalgamated Independent United.
#endif
#208 Do the parties have joint property?
~Select yes if the parties have any items of property which were
~acquired jointly, or through negotiation are deemed to have been
~acquired together.
#if#208
@113 Enter a description of the jointly held property:
~Enter a specific description of the property. If it is real
~estate it should be described by a legal description
~(surveryor's description or lot and block number).
@114 Enter the disposition of the jointly held property:
~Describe how the property will be divided.
#endif
#209 Do you wish to provide for joint child custody?
~In most cases, child custody is given to the parents jointly.
~Select yes in this case. If there is to be a specific custody
~determination, this should be drafted separately.
#if#209
@115 Enter the support arrangements for the children:
~Describe the arrangements for child support.
@116 Enter arrangements for income tax exemptions:
~Indicate who will take the exemption for the children as
~dependents. This may be limited by IRS regulations.
#endif
#210
#211
#212
#213 Has either party had an opportunity to seek counsel?
~In this question we are asking whether each person had enough
~time to seek legal advice, not whether or not they did. In many
~cases, one party may not want legal advice. Therefore, answer
~yes if it was suggested (by anyone) that legal counsel should be
~sought, whether or not legal counsel was obtained.
#214 Was this agreement reviewed by legal counsel for both parties?
~Select yes if each party had legal counsel review their agreement.
#215
#216 Do you wish to specify applicable state law?
~Select yes if there is a reason to prefer one state law over
~another. Normally the state law will be that of the state where
~the parties resided, but you may wish to use the law where any
~major asset is located.
#if#216
@117 Enter the state law to apply to this agreement:
~Enter the name of the state law that will be used to construe
~this agreement. For example: North Carolina.
#endif
#217
#end control section
#200
TERMINATION OF COHABITATION AGREEMENT
@001, referred to as @100 and @002, referred to as @200, agree:
#201
The parties have cohabited together, without establishing a
relationship of marriage whether statutory or by common law
since |103.
#202
The parties have cohabited together, without establishing a
relationship of marriage, whether statutory or by common law
since |104, pursuant to a non-marriage agreement dated |105.
This agreement has been maintained in full force and effect.
The parties hereby terminate the non-marriage agreement and
this termination agreement shall govern their legal rights
hereafter.
#203
The parties are the parents of the following children:
@106
No further children are contemplated.
#204
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.
#205
The parties have incurred the following joint debts:
@107.
THE PARTIES SPECIFICALLY WARRANT TO ONE ANOTHER THAT ALL JOINT
DEBTS HAVE BEEN DISCLOSED.
@100 shall be solely responsible for the following debts:
@108
@200 shall be solely responsible for the following debts:
@109
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:
@110
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.
#300
The parties have incurred no joint debts, and shall each pay
their own obligations. Each party shall indemnify and hold the
other harmless from any claims related to their individual debts.
#206
The following property is the separate property of @100, and
@200 waives any and all claims to such property:
@111
@100 shall pay and hold @200 harmless from any liabilities or
claims related to the separate property above.
#207
The following property is the separate property of @200, and
@100 waives any and all claims to such property:
@112
@200 shall pay and hold @100 harmless from any liabilities or
claims related to the separate property above.
#208
The following property is the joint property of the parties:
@113
The following disposition shall be made of the jointly held
property:
@114
The parties warrant to one another that all jointly held
property has been disclosed.
#209
@100 and @200 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:
@115
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:
@116
#210
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.
#211
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.
#212
This agreement contains the entire agreement between the parties,
and this agreement may only be altered in writing executed by the
parties hereto.
#213
Each party has had a full opportunity to consult with independent
counsel in regards to this agreement.
#214
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.
#215
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.
#216
This agreement shall be construed under the laws of @117.
#217
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.
Dated: _______________________
_____________________________________________
@001
_____________________________________________
@002