Family Law Assignment

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA

CASE NO.:

IN RE: The Marriage of

,

Husband,

and

,

Wife.

___________________________________/

MARITAL SETTLEMENT AGREEMENT AND PARENTING PLAN

AND WAIVER OF APPEARANCE AT FINAL HEARING

THIS AGREEMENT is made on this _____ day of __________________, 2018, by and between , hereinafter referred to as “Husband” or “Father”, and , hereinafter referred to as “Wife” or “Mother”.

WHEREAS, the parties are now Husband and Wife and having been married on . The parties resided together as Husband and Wife in Marion County, Florida until their final separation on or about date of separation; and

WHEREAS, there is children born of this marriage, to wit, initials, born in year(s) ; and

WHEREAS, differences have arisen between the parties by reason of which they desire to live separate and apart from each other; and

WHEREAS, both parties have given much thought and careful consideration to these differences and have determined that the differences are irreconcilable; and

WHEREAS, the parties have worked together through the settlement process and desire to define their respective rights and obligations in which to settle amicably all matters as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and in consideration of the obligations accepted by the parties, as well as of other good and valuable consideration provided for in this Agreement, the parties agree to the following terms:

1. ACKNOWLEDGMENT OF FAIRNESS OF AGREEMENT. The parties have read this Agreement and have either had its terms and consequences explained to them by counsel, or have been informed they have the right to legal representation. They believe and acknowledge that this agreement is fair, just and reasonable. Each of the parties is acting without coercion or duress, and freely and voluntarily assents to its terms and accepts is conditions, obligations, and mutual agreements.

2. REPRESENTATION BY COUNSEL. Throughout the negotiations, drafting and execution of this Agreement, the _____________ has been represented _________________________, and the ______________ has been represented by Melissa K. Hancock, Esquire.

3. IMMINENT ACTION FOR DISSOLUTION. An action to dissolve the marriage of the parties has been filed in the Circuit Court of the Fifth Judicial Circuit for Marion County, Florida. This Agreement is intended to be a full and complete settlement of all matters that arise from or that could have been brought in the action for dissolution including the division of marital assets and liabilities and provisions for the care and support of the parties’ minor children. This Agreement is intended to be introduced into evidence in the dissolution of marriage and to be incorporated into the Final Judgment of Dissolution of Marriage. However, the parties do not intend for it to be merged into the Final Judgment, rather they wish it to survive the judgment and be binding on the parties for all time.

4. SEPARATION AND NON-INTERFERENCE. At all times after the execution of this Agreement and during the pendency of the dissolution proceedings, the Husband and Wife shall be entitled to live separate and apart from each other, and shall be free from any interference, authority, and control, whether direct or indirect, by the other party to the same extent as if they were unmarried. Each party recognizes the right of the other to select his or her place of abode, and the right to live with another person if he or she should so choose. Each party has the right to conduct any trade, business or employment. Neither the Husband nor the Wife shall molest, disturb or interfere with the other in any manner, nor shall they interfere with the peace and comfort of the other, nor attempt to resume cohabitation with the other.

5. PARENTING PLAN.

A. Jurisdiction. The United States of America is the country of habitual residence of the minor children. The State of Florida is the children’s home state for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Parenting Plan is a children custody determination for the purposes of the UCCJEA, the International Child Abduction Remedies Act, 42 U.S.C. ss 11601 et seq. the Parental Kidnapping Prevent Act, and the Convention on the Civil Aspects of International Abduction enacted at the Hague on October 25, 1980, and for all other state and federal laws.

B. Parents. The Father of the minor children subject to this Parenting Plan is Anthony H. Nales. The Father’s current address is . The Mother of the minor children subject to this Parenting Plan is Mildred R. Nales. The Mother’s current address is . The parties recognize and agree that each of them has a continuing duty to keep the other updated of any address or telephone number changes.

C. Address Designation for School Boundary Determination and Registration. The parties further agree that the Father’s address shall be designated as the children’s home address for the school boundary determination and registration. This designation does not affect either parent’s rights and responsibilities under this parenting plan.

D. Address Designation for Other Legal Purposes. The children named in this Parenting Plan is scheduled to reside with the Father the majority of the time. This majority designation is SOLELY for purposes of all other state and federal laws with require such a designation. This designation does not affect either parent’s rights or responsibilities under this Parenting Plan.

E. Shared Parental Responsibility. The parties agree that it is in the best interests of the minor children that the parties confer and attempt to agree on the major decisions involving the children. The parties agree that they shall consult and cooperate reasonably with one another in all matters of significance regarding the children. Such consultation and cooperation shall include, without limitation, all matters bearing significantly upon the children’s health (physical and mental), education, training (secular and religious), socialization, development, and extracurricular activities. If the parents are unable to agree on the major decisions involving the children, then either party may seek the Court’s review and/or modification of this provision upon proper petition or motion.

i. General Principles. Each party shall use all reasonable efforts to maintain the other party’s free access to the minor children and create the feeling of affection between the other parent and the minor children.

Neither party shall do anything to interfere with the natural development of the minor children’s love and affection for the other party.

Neither party shall disparage or criticize the other parent in any way nor allow any other person to do so in the presence of the minor children.

In the event the Mother marries, the parties’ children shall continue to be known by the surname of the Father, and for no reason shall the children use or assume the name of any subsequent spouse of the Mother.

The parties at all times shall conduct themselves and their activities in a manner that will promote the welfare and best interests of the minor children.

The parties hereby agree that they will consult with one another with regard to any claim, cause of action, award, or inheritance accruing to the minor children. The parties further agree that should there be any recovery or payment on any account of any claim, cause of action, or award, or inheritance, it shall be immediately placed in an interest-bearing trust or custodial account for the benefit of the minor children to whom it insures. The money will be left in the trust fund until the minor children reaches the age of majority; however, money may be withdrawn from the account prior to the children’s age of majority if the parties agree that the children needs the money for college tuition expenses or has another equally important need that the parties are financially unable to fulfill.

ii. Day-to-Day Decisions. Each parent shall make decisions regarding day-to-day care and control of the children while the children is with that parent. Regardless of allocation of decision making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the children when the children are residing with that parent. A parent who makes an emergency decision shall share the decision with the other parent as soon as reasonably possible.

iii. Children’s Daily Needs/Necessities. Each parent shall be responsible for providing the minor children with the minor children’s daily needs, such as clothing and shoes while the minor children is in his or her care. Each party shall ensure that the minor children’s personal items, such as clothing, shoes, jackets, and backpacks are sent with the minor children when the minor children returns to the other parent’s residence.

iv. Decisions Regarding Medical Care. The parties agree that they shall attempt to agree on all major decisions regarding the medical care for the minor children. Each party agrees to notify the other at the earliest possible time of the children’s serious illness or accident. The parent scheduling the children’s annual or routine medical examination shall notify the other parent at the time the appointment is scheduled, but in no event not less than forty-eight hours in advance of the appointment, so that the other parent may attend if desired. If the parties are unable to agree regarding the medical, psychological, counseling, optical, dental or orthodontic care of the children, either party may file the appropriate motion or supplemental petition with the Court requesting that the Court make the determination.

Neither party shall unilaterally cease giving the minor children any prescription medication prescribed by his treating physician. Both parties shall ensure the minor children takes all prescribed medication unless and until the treating physician approves stopping the medication.

Each party shall be entitled to authorize emergency medical treatment for the minor children.

Either party may consent to mental health treatment for the minor children.

v. Communication between Parents. The parties agree that it is vital to the well-being of the minor children that they communicate with one another and keep each other informed of all issues regarding the minor children. All communication regarding the minor children shall be between the parents and not through the minor children. At no time shall the minor children be used as a messenger to convey any information. Communication between parents shall be by peaceful contact via telephone or in person, or by email, text or any of form of electronic communication to which the parents agree. If the parents are unable to communicate peacefully, the parents may utilize www.talkingparents.com or www.ourfamilywizard.com . When one parent receives a communication from the other parent, the parent receiving the communication shall timely respond to the other parent. At no time shall the parties harass one another or discuss issues regarding the minor children in the presence of the minor children. The parties both agree that it is in the minor children’s best interest to protect the minor children from any possible disputes that may arise between the parties in the future.

vi. Communication with the Minor Children. The parties agree to keep their contact information current. The parties agree that each of them shall have the right to communicate with the minor children when the minor children is with the other parent so long as the contact is reasonable. The parties agree that communication between the parties and the minor children may be via U.S. mail, telephone, email, text, webcams, FaceTime, or such other wired or wireless technologies or other means of communication to supplement face to face contact. Communication between the minor children and one parent shall not be monitored by or interrupted by the other parent, and neither parent shall prevent the other from reasonably communicating with the minor children. In the event one parent takes away the minor children’s electronic privileges as punishment, that parent shall notify the other parent and provide an alternative method of reasonable communication between the other parent and the minor children.

vii. Information Sharing. The parties agree that each of them shall have access to the records and information pertaining to the minor children including, but not limited to, medical, dental and school records. Each party shall be entitled to complete information from all physicians, dentists, consultants, and specialists attending the parties’ children for any reason whatsoever. Each party shall be entitled to complete information from all teachers, schools, summer camps, children care facilities, or other institutions which the children may attend or become associated with in any way. Each party shall have the right to inspect and receive government agency and law enforcement records and reports concerning the minor children. Each party shall be entitled to communicate with the professionals referred to in this paragraph and any other professionals dealing with the minor children. Each party will be solely responsible for payment of the costs of obtaining medical, dental, school or any other records for the minor children that party requests.

Each party shall have the right to visit with the minor children at school. Each party shall be entitled to participate in and attend all special activities in which the minor children is engaged, such as religious activities, school programs, sports events, and other extracurricular activities.

Each party shall keep the other advised of the address and telephone number where he or she resides and shall provide an address and telephone number where the children may be reached if the children is not at the residence of the parent. The parties agree each of them will notify the other within twenty-four hours of any changes. The parties further agree they will notify the Clerk of Court in writing within seven days of any changes.

The parties agree that both parents will be listed as parents and/or emergency contacts for the minor children on all documents requiring such a designation.

F. Regular Timesharing Schedule. Unless the parties mutually agree otherwise, the parties agree that the regular timesharing schedule of the parties and minor children will be based on a two-week rotating schedule with each parent having timesharing with the minor children overnight as follows:

First Week
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
Mother	Mother	Mother	Mother	Mother	Father	Father
Second Week
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
Father	Father	Father	Father	Father	Mother	Mother

i. Exchanges and Transportation. The parties agree that if school is in session, the parent beginning his or her timesharing shall pick the minor children up from school on Friday to begin timesharing. If school is not in session, the parties agree that the party beginning his or her timesharing shall pick the minor children up from the residence of the other parent to begin timesharing at 5:00 p.m. unless the parties mutually agree to a different time or location. The parties agree that the parent exercising timesharing will be responsible for all transportation for the minor children during that parent’s timesharing.

ii. Scheduling Changes. Temporary changes to the timesharing schedule may be made without a written document, however, all changes must be mutually agreed upon by both parties. The parties acknowledge and understand that special or family events (such as weddings, funerals, etc.) may arise when the children is in the care of the other parent, and a change in the timesharing schedule may be requested. The parties agree that if the other party makes a reasonable request for a change in the timesharing schedule, such request will not be unreasonably denied. If the parties do not mutually agree to a change to the timesharing schedule, the timesharing schedule contained herein shall remain in effect until further order of the Court. Any substantial changes to the timesharing schedule must be sought through the filing of a supplemental petition for modification.

G. Holiday Schedule. Notwithstanding the timesharing schedule above, the parties agree to the following schedule for holidays:

i. Thanksgiving. The parties agree that in even-numbered years, the Mother shall have timesharing with the minor children for the entire Thanksgiving break commencing from the time school is released on the last day school is in session before Thanksgiving until returning them to school the following Monday. In odd-numbered years, the Father shall have timesharing with the minor children from the time school is released on the last day school is in session before Thanksgiving until returning them to the Mother on Sunday evening at 7:00 p.m. at a mutually agreeable location.

ii. Christmas. In even-numbered years, the Father shall have timesharing with the minor children from the time school is released on the last day school is in session before Christmas break until 2:00 p.m. on Christmas day, and the Mother shall have timesharing with minor children from 2:00 p.m. on Christmas Day until returning the children to school when school recommences. In odd-numbered years, the Mother shall have timesharing with the minor children from the time school is released on the last day school is in session before Christmas break until 2:00 p.m. on Christmas day, and the Father shall have timesharing with minor children from 2:00 p.m. on Christmas Day until returning the children to school when school recommences. The party beginning his or her timesharing shall pick the minor children up from the residence of the other party at 2:00 p.m. on Christmas Day unless the parties otherwise agree.

iii. Summer Break. The parties agree they will continue the regular timesharing schedule for the summer except the Father shall be entitled to one uninterrupted week (seven overnights) of his choosing. The Father’s uninterrupted week shall not include the Fourth of July for two consecutive years.

iv. Spring Break. The parties agree to equally divide the Spring Break with one party having timesharing with the minor children from the from the time school is released on the last day school is in session before Spring Break week until 5:00 p.m. on the Wednesday of Spring Break week and the other party having timesharing with the minor children from 5:00 p.m. on Wednesday of Spring Break week until returning the minor children to school when school recommences. The party whose regularly scheduled timesharing falls on the first weekend of Spring Break will have timesharing for the first half of Spring Break, and the other party will have timesharing for the second half of Spring Break. The parent having timesharing the second half of Spring Break will pick the minor children up from the residence of the other party at 5:00 p.m. on Wednesday unless the parties otherwise agree.

v. Easter. The parties agree that if Easter Sunday falls during Spring Break, the parties will follow the Spring Break schedule provided herein. If Easter Sunday does not fall during Spring Break, the parties agree to alternate Easter with the Mother having timesharing with the minor children in even numbered years from the Saturday before Easter at 6:00 p.m. through Sunday at 1:00 p.m. and the Father having timesharing with the minor children for the remainder of Easter Sunday until returning the children to school when school recommences. In odd numbered years, the Father shall have timesharing with the minor children from the Saturday before Easter at 6:00 p.m. through Sunday at 1:00 p.m., and the Mother shall have timesharing with the minor children for the remainder of Easter Sunday until returning the children to school when school recommences.

vi. Mother’s Day and Father’s Day. Notwithstanding the above timesharing schedule, the parties agree that if Mother’s Day falls during the Father’s regular timesharing, the Mother shall be entitled to timesharing with the minor children on Mother’s Day from 9:00 a.m. until 6:00 p.m. with the Mother picking the minor children up from the Father’s residence at 9:00 a.m. and returning them to the Father’s residence at 6:00 p.m. The parties agree that if Father’s Day falls during the Mother’s regular timesharing, the Father shall be entitled to timesharing with the minor children on Father’s Day from 9:00 a.m. until 6:00 p.m. with the Father picking the minor children up from the Mother’s residence at 9:00 a.m. and returning them to the Mother’s residence at 6:00 p.m.

vii. Children’s Birthdays. The parties shall follow the regular timesharing schedule on the minor children’s birthday except that the parent who does not have regular timesharing on the minor children’s birthday shall be entitled to spend up to four hours with the minor children on that day if the minor children’s birthday falls on a non-school day and two hours if the minor children’s birthday falls on a school day.

viii. Mother’s Birthday. If the Mother’s birthday falls during the Father’s regular timesharing, the Mother shall be entitled to spend up to four hours with the minor children on that day if the Mother’s birthday falls on a non-school day and two hours if the Mother’s birthday falls on a school day.

ix. Father’s Birthday. If the Father’s birthday falls during the Mother’s regular timesharing, the Father shall be entitled to spend up to four hours with the minor children on that day if the Father’s birthday falls on a non-school day and two hours if the Father’s birthday falls on a school day.

x. Other Holidays. Unless the parties mutually agree otherwise, the parties shall follow the regular timesharing schedule for any other holiday or special occasion not specifically discussed herein.

H. Foreign and Out of State Travel. The parties agree that each of them is entitled to travel with the minor children during his or her timesharing. The parent traveling with the minor children shall give the other parent written notice at least seven days prior to travel for travel in the United States and written notice at least thirty days prior to foreign travel. Written notice of travel plans shall include a detailed itinerary, including locations and telephone numbers where the minor children and parent may be reached during the trip. Each parent agrees to provide whatever documentation is necessary for the other parent to take the minor children out of the country.

I. Restriction on Removing Children from the Area. It is acknowledged that in the event either party seeks to relocate his or her principal residence more than fifty miles away from the residence where that party resides that the time the Final Judgment is entered herein, such parent shall comply with the provisions of §61.13001 Fla. Stat., as it may be amended from time to time.

IF A PARENT ATTEMPTS TO RELOCATE HIS OR HER PRINCIPAL RESIDENCE AND FAILS TO COMPLY WITH §61.13001 FLA. STAT., SUCH PARENT MAY BE SUBJECT TO CONTEMPT AND OTHER PROCEEDINGS TO COMPEL THE RETURN OF THE CHILDREN, AND SUCH NON-COMPLIANCE MAY BE TAKEN INTO ACCOUNT BY THE COURT IN A SUBSEQUENT DETERMINATION OR MODIFICATION OF THE PARENTING PLAN, ACCESS, OR THE TIMESHARING SCHEDULE.

J. EXTRACURRICULAR ACTIVITIES AND COSTS. The parties agree to the following with regard to extracurricular activities:

i. The parties must mutually agree to all extracurricular activities. OR Either party may enroll the minor children in extracurricular activities.

ii. The party with the minor children shall transport the minor children to and/or from all mutually agreed upon extracurricular activities, providing all necessary uniforms and equipment within the parent's possession.

iii. The parties shall equally divide the costs of the extracurricular activities of the minor children.

iv. The parties shall equally divide the costs of uniforms and equipment required for the extracurricular activities.

K. CHILD CARE PROVIDERS. Each parent may select appropriate child care providers for the minor children. OR All child care providers must be agreed upon by both parties.

6. CHILD SUPPORT. The parties recognize that each of them has an obligation to provide for the support of their minor children. The parties agree that due to the equal timesharing schedule provided herein and the parties’ respective incomes, neither party shall be obligated to pay child support to the other at this time, and each party will be responsible for providing for the minor children’s necessities during his or her timesharing with the minor children except as otherwise provided herein. OR The parties recognize that each of them has an obligation to provide for the support of their minor children. Commencing __________________, 2018, and continuing on the first day of each month thereafter until such time as an Income Withholding Order becomes effective, the Father shall pay to the Mother the sum of $____________ for basic child support for the minor children.

A. Termination.

i. Unless modified by subsequent Court order, the Father will be obligated to pay the child support obligation as stated above until the first occurrence of any one of the following events:

(a) The death of the children.

(b) Attainment of the children's eighteenth (18th) birthday.

(c) The valid marriage of the children.

(d) The lawful entry of the children into the military service of the United States for a continuous period of one (1) year or more.

(e) The children becomes self-supporting by permanent and full-time employment, exclusive of holidays, vacation, and part-time employment.

ii. Notwithstanding the provisions recited in paragraph 8.A. above, the support rights of the children and the obligation of the Father to pay support for each child shall continue for said children if the children are dependent in fact, between the ages of eighteen (18) and nineteen (19), is still in high school and performing in good faith with a reasonable expectation of graduation before the age of nineteen (19).

iii. Pursuant to Florida Statute 61.13(1) (2018), unless terminated in accordance with paragraph 8.A.i. above, extended beyond each children’s eighteenth birthday in accordance with paragraph 8.A.ii above, or modified by subsequent Court order, the Father’s child support obligation for each child shall terminate on each child’s eighteenth birthday, as follows:

CHILDREN: TERMINATION DATE:

Initial Date

Initial Date

Unless modified by subsequent court Order, in the event the Father’s support obligation terminates for one or more of the parties’ children, then the Father shall pay children support as follows:

NUMBER OF CHILDREN: AMOUNT OF SUPPORT:

1 $

7. RETROACTIVE CHILD SUPPORT. The parties agree the Father is responsible for child support retroactively to Date , which is the date the Mother filed her Petition for Dissolution of Marriage. The Father owes $ for retroactive child support through Date . The parties agree the Father will pay $ per month in addition to his basic child support amount of $ for a total of $ until the retroactive support is paid in full.

8. CHILD SUPPORT ARREARAGES. The parties agree that through and including the month of ______________, 2018, the Father owes child support arrearages to the Mother in the total amount of $________________. The parties agree the Father will pay $__________ per month toward the arrearages in addition to his basic child support amount of $______________ for a total of $___________________ until the arrearages are paid in full.

9. INCOME WITHHOLDING ORDER. The parties agree that an Income Withholding Order will be entered for the Father’s child support and child support arrearage payments.

10. DEPENDENCY EXEMPTIONS. The parties agree to rotate the federal income tax dependency exemption and child tax credit each year the minor children can be claimed as a dependent with the Father claiming the minor children in 2018 and every even-numbered tax year and the Mother claiming the minor children in odd-numbered tax years. Each party agrees to execute the IRS Form 8332 or any such other document to enable the other party to claim the dependency deduction if required by the Internal Revenue Service.

11. HEALTH INSURANCE. The parties acknowledge that the Father currently provides health insurance for the minor children and he will continue to do so for so long as it is reasonably available to him. OR The minor children currently qualifies for Medicaid coverage, and the minor children shall continue to receive Medicaid coverage so long as the minor children qualifies. At such time as the minor children no longer qualifies for Medicaid coverage, the party who is able to obtain the best health insurance coverage at the most reasonable cost shall obtain health insurance coverage for the minor children, and child support shall be adjusted accordingly.

12. UNINSURED MEDICAL, DENTAL AND OTHER HEALTH EXPENSES. The parties agree to equally divide medical, dental and other health-related costs or expenses not covered by Father’s health insurance, including but not limited to co-pays, deductibles, and any uninsured medical, dental, orthodontic, optical and ophthalmological expenses for the minor children. When one party incurs and pays any medical, dental or other health-related costs or expenses that are not covered by insurance, that party will provide a copy of the paid receipt to the other party within five (5) days of such payment. The other party will then have fifteen (15) days to reimburse the paying party one-half of the amount paid. If the party incurring the expense has not paid the medical provider but instead receives a billing statement from the provider, that party shall promptly provide the other with a copy of the billing statement, and each party shall be responsible for payment of one-half of the outstanding balance due directly to the medical provider within the time provided by the medical provider.

The parties agree that neither shall incur any major medical or dental expenses, excluding emergency services, without the prior written consent of the other party, which consent shall not be unreasonably withheld. The parents agree that any single non-emergency expenditure or any uninsured expense not required by the children’s primary health care provider in excess of a $200.00 one-time fee shall require the preapproval of the other parent. Any treatment program that will require repetitive visits must be agreed to by both parties in writing in advance. If either parent incurs any such fees without first obtaining the consent of the other parent, the parent incurring the fees shall be solely responsible for them.

13. ALIMONY. Both parties expressly waive any and all right or entitlement they may have to any and all forms of alimony including, but not limited to, lump sum, rehabilitative, bridge-the-gap, durational and permanent periodic alimony.

14. REAL AND PERSONAL PROPERTY.

A. Real Property. The parties jointly own the marital home located at ____Address__________. The parties agree that the Husband shall be entitled to the exclusive use, possession and ownership of the marital home and shall be solely responsible for payment of the current mortgage indebtedness, taxes and homeowner’s insurance, as well as any other expenses incurred incident to ownership and possession of the home. The Husband agrees to defend, indemnify and hold the Wife harmless all liability associated with the marital home.

The property is currently subject to a mortgage in favor of Waterstone Mortgage. The parties agree that the Husband shall, as soon as possible, use his best efforts to remove the Wife from the mortgage into in his individual name relieving the Wife from any liability thereon.

B. Personal Property. Prior to the execution of this agreement, the parties have divided all items of personal property, and each party acknowledges that he or she has in his or her possession all property to which he or she may be entitled. Each party further acknowledges that he or she is satisfied with the division of said personal property. OR The Wife shall receive the following as her sole property:

i. Kate’s bedroom furniture;

ii. Electric fireplace;

iii. Small kitchen table;

iv. Painting of the girls;

v. Katie and Camila’s TV;

vi. Two (2) chairs and the coffee table in the living room;

vii. One-half (1/2) of all kitchen stuff;

viii. Some of the house decorations;

ix. Camila and Wife’s personal belongings;

x. TV in master bedroom;

xi. Rugs in the entry way, dining; and living room;

xii. Camila’s bedding; and

xiii. ½ of all family photo’s (Parties will copy/divide all family photo’s and shall share in the cost of any copying.)

Notwithstanding the personal items listed above, the parties agree the above list is not exhaustive as it regards “small items”. The parties agree to cooperate in the division of the remaining items. The Court shall retain jurisdiction to enforce the provisions of this paragraph.

C. Automobiles. The parties agree that the Wife shall have exclusive use, possession and title to the _____________________ and __________________. The Wife shall be solely responsible for any insurance payments or other liabilities associated with the ownership of the _____________________ and _______________, and shall defend, indemnify and hold the Husband harmless from liability thereon. The Husband shall execute any and all documents necessary to transfer his ownership interest in the ______________________________ and __________________________ to the Wife. The Wife shall be responsible for any tolls associated with the ________________________.

The parties agree that the Husband shall have exclusive use, possession and title to the ________________. The Husband shall be solely responsible for any insurance payments or other liabilities associated with the ownership of the 2008 Mazda 3, and shall defend, indemnify and hold the Wife harmless from liability thereon.

D. Retirement Accounts. The Husband has a 401(A) FICA Alternative Plan. The parties agree that the Husband shall retain sole ownership of said 401(A) FICA Alternative Plan account free from any claim of the Wife.

E. Debts. The Husband shall be obligated/responsible for the following debts: _______________________________________, and shall indemnify and hold harmless the Wife from liability thereon.

The Wife shall be responsible for any debts she incurred prior to the parties’ marriage, any debts she incurred after the parties’ separation, and those debts not listed above which are in her individual name.

The Husband shall be responsible for any debts he incurred prior to the parties’ marriage, any debts he incurred after the parties’ separation, and those debts not listed above which are in his individual name.

The parties agree and acknowledge that in every instance set out in this Agreement where a party assumes and agrees to pay a liability, he or she also agrees to indemnify and hold the other harmless from that liability. This includes paying all interest, fees, costs, or other charges that the indemnified party might incur as a result of the assuming party’s default or failure. Notwithstanding the language contained in this paragraph, both parties recognize and understand that this Agreement does not have any effect on their liabilities to any third-party creditors. Even though one of the parties might agree to be solely responsible for a joint debt, this does not relieve the other party’s obligation to a third-party creditor in the event the debt is not actually satisfied by the party assuming total responsibility for that debt.

In the event that a marital debt is discovered after this Agreement is signed by both parties, and which debt was incurred prior to the signing of this Agreement, the party incurring that debt shall be solely responsible for the payment of that debt and shall hold the other party harmless and indemnified with regard to that debt.

15. EQUITABLE DISTRIBUTION PAYMENT. In consideration of the division of assets and liabilities herein the Wife agrees to pay to the Husband the sum of SEVEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS (7,500.00). Said sum shall be paid to the Husband in bi-weekly installments of not less than $ amount beginning the _____ day of ____________, 2018 and continuing bi-weekly each month thereafter until paid in full.

The parties specifically agree that the Wife’s failure to make payment as agreed upon herein shall be enforceable by the contempt powers of the Court.

16. ATTORNEY’S FEES. The parties agree that each of them shall be responsible for his or her own attorney’s fees and costs incurred herein.

17. GENERAL RELEASE AND WAIVER. Except as otherwise provided in this Agreement, each party releases the other from any and all claims, demands, dues, debts, rights or causes of action up to the date of this Agreement.

Except as otherwise provided in this Agreement, each party waives any and all claims, demands, rights, title or interest that he or she may have or hereafter acquire in any present or future asset of the other, whenever and however such property may have been acquired by said other party.

This release includes but is not limited to the right to elect to take against any will or codicil of the other party, the right to share in the other party’s estate, the right to act as executor, administrator, or personal representative for the other party’s estate, the right to claim inheritance, descent or distribution or any rights or claims arising out of the retirement benefits of the other, and the right to share in any litigation awards or proceeds the other party may receive. This release is binding on the executors, administrators, personal representatives, heirs, and assigns of each of the parties.

18. LEGAL REPRESENTATION/AUTHORSHIP. Each party has reviewed this Agreement with his or her attorney or has been informed that he or she has the right to obtain legal representation prior to signing this Agreement. Each party fully understands the facts and has been informed as to his or her legal rights and obligations pursuant to the laws of Florida and this Agreement. Each party is signing this Agreement freely and voluntarily intending to be bound by it. The parties also agree than in the event it becomes necessary for any reason that any provision of this Agreement to be construed, this Agreement shall be construed as if jointly prepared by the parties and shall not be construed for or against any party based upon authorship of this Agreement.

19. FULL DISCLOSURE. Each party has made a full, frank, and complete financial disclosure of his or her assets, liabilities, income and expenses to the other party and his or her counsel. Each party acknowledges that he or she has had sufficient time and opportunity to satisfy himself or herself as to the completeness and accuracy of the disclosure of the other’s financial assets and waives the right to any further disclosure.

20. FULL AGREEMENT. Each party agrees that this Agreement constitutes the entire Agreement of the parties. This Agreement supersedes any prior understanding or agreements between them, whether or not the matters were covered in this Agreement. The parties acknowledge that this Agreement constitutes the full, complete and final settlement of all rights and other responsibilities between the parties. This Agreement is in full and complete settlement of all claims of any nature whatsoever that either party may have against the other, now or in the future except as provided herein.

21. DEFAULT OR WAIVER. The parties agree that no waiver or any breach of these terms shall be deemed to be a waiver of any subsequent breach of the same or similar nature. No waiver of any rights created by this Agreement. No waiver of any rights created by this Agreement shall be deemed to be a waiver for all time of those rights.

22. GOVERNING LAW. The parties agree this Agreement shall be governed by the laws of Florida as they exist on the date of its execution.

23. MODIFICATION OR AMENDMENT. The parties agree that no addendum, modification or waiver of any terms of this Agreement shall be effective unless in writing, signed by both parties and executed in the same manner as this Agreement.

24. RECONCILIATIONS. The parties agree that in the event of a reconciliation, such reconciliation temporary or permanent, or another separation after a reconciliation, shall not abrogate or affect any provisions of this Agreement relating to the settlement and disposition of the property rights between the parties in the respective real and personal property.

25. RATIFICATION BY THE COURT. The parties agree that either party may apply to the Court for a Final Judgment of Dissolution of Marriage, ex-parte, so long as this Agreement is made a part of any Final Judgment rendered by the Court. However, notwithstanding the incorporation and the Final Judgment, the Agreement shall not be merged in it, but shall survive the Final Judgment and be binding upon the parties for all time.

26. ENFORCEMENT OF THIS AGREEMENT. Both parties agree that the Court granting a decree of Dissolution of Marriage between the parties may, at the request of either party insert in such decree reservation of the jurisdiction for the purposes of compelling either party to perform this Agreement, or any part thereof, and otherwise enforce any provision contained herein. The party against whom a Court Order is secured to compel performance of this Agreement, or any part hereof, agrees to pay the prevailing party all costs and reasonable attorney’s fees in connection with such proceeding.

27. WAIVER OF APPEARANCE AT FINAL HEARING. Each party hereby waives his or her appearance at final hearing in this matter and consents to entry of a Final Judgment of Dissolution of Marriage without necessity of further notice.

__________________________________________

HUSBAND’S NAME

STATE OF FLORIDA )

COUNTY OF MARION )

The foregoing instrument was acknowledged before me this _________ day of _______________, 2018, by _________________________, who is personally known to me or who has produced _____________________________________ as identification.

___________________________________________

Notary Public, State of Florida

My commission expires: ___________________

__________________________________________

WIFE’S NAME

STATE OF FLORIDA )

COUNTY OF MARION )

The foregoing instrument was acknowledged before me this _________ day of _________________, 2018, by _____________________, who is personally known to me or who has produced _____________________________________ as identification.

___________________________________________

Notary Public, State of Florida

My commission expires: ___________________