About this Form: This is a marital settlement agreement that may accompany the No-Fault Divorce form for use within the State of Nebraska. This legal agreement is designed to help the parties formalize an allocation of their real estate property and finances. Most courts will require a marital settlement agreement to be filed along with a PETITION FOR DISSOLUTION OF MARRIAGE within the State of Nebraska.
AGREEMENT made on this ___________ day of _________, 20_____, by and between _____________ (hereinafter referred to as "Wife"), who resides at _______________ [insert full residential address of Wife] and ______________ (hereinafter referred to as "Husband"), who resides at _________________ [insert full residential address of Husband].
WHEREAS, we were married on the ___________ day of _____________, ____, in ___________, State of __________, and we now mutually desire to dissolve our marriage and mutually agree to live permanently
separate and apart from each other, as if we were single;
WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement;
WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, child custody and visitation, personal and real property, and finances;
WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DISSOLUTION OF MARRIAGE
.
THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions:
1. REAL ESTATE
A. RESIDENCE
Husband shall reside at ________________________________________.
Wife shall reside at ________________________________________.
B. HOMESTEAD
Husband and Wife own the following real property as their family residence, located at ______________________________________
Husband and Wife agree that ____________ shall continue to reside at the above mentioned family residence.
Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows:
Title:
Husband shall have the following rights of title and ownership in the family residence: ____________________________
Wife shall have the following rights of title and ownership in the family residence: _______________________________
Expenses, Mortgage and Maintenance
Husband shall be responsible for and pay the following expenses regarding the family residence: __________________________ ________________________
Wife shall be responsible for and pay the following expenses regarding the family residence: ________________________ ________________________
C. OTHER REAL ESTATE
Husband and Wife jointly own the following other real estate to be divided as follows:
1) Husband agrees to pay and assume all responsibility for the following debts:
___________________________________
___________________________________
___________________________________
2) Wife agrees to pay and assume all responsibility for the following debts:
___________________________________
___________________________________
___________________________________
Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement.
5. TAX LIABILITY
A. Husband and Wife agree that any joint tax liability shall be assumed as follows:
B. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax purposes any child over which he or she has custody. In the event of joint custody, the Husband and Wife agree as follows with respect to who shall hold this right:
A. Husband shall pay to Wife spousal support in the sum of ____________ dollars ($___), _____________ [specify "weekly" or "monthly"], beginning on the _______ day of ________, 20 ____. Husband shall continue to pay this sum for a period of _____________, subject to the following mutually agreed upon conditions:
B. Wife shall pay to Husband spousal support in the sum of ___________ dollars ($___), ____________ [specify "weekly" or "monthly"], beginning on the _______ day of ________, 20 ____. Wife shall continue to pay this sum for a period of _________________, subject to the following mutually agreed upon conditions:
Husband and Wife agree that upon the court's ordering a DECREEE OF DISSOLUTION OF MARRIAGE
, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: ______________ [insert Wife's maiden name].
10. FINAL AGREEMENT
This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged.
11. ACKNOWLEDGEMENT
Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement.
12. CHOICE OF LAW
Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the State of Nebraska.>
Signed and dated this ________ day of ____________, 20____.
_____________ ___________________________
Wife Husband
____________ ___________________________
Witness #1 for wife Witness #1 for Husband
____________ ___________________________
Witness #2 for Wife Witness #2 for Husband
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF NEBRASKA COUNTY OF ________________
This document was acknowledged before me on _______________ [Date] by ________________ [name of principal].
[Notary Seal, if any]:
___________________________ (Signature of Notarial Officer)
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