AGREEMENT
TO TERMINATE COHABITATION
______________________________________,
referred to as First Cohabitant and ________________________________, referred
to as Second Cohabitant, agree: The
parties have resided together without establishing a statutory marriage
relationship since _________________ (Date).
The
parties have ____________ children who are listed as follows:
__________________________________________________________________
Child's
Name Age Date of Birth
__________________________________________________________________
Child's
Name Age Date of Birth
__________________________________________________________________
Child's
Name Age Date of Birth
__________________________________________________________________
Child's
Name Age Date of Birth
No
further children are contemplated.
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
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.
The
parties have incurred the following joint debts:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________.
First
Cohabitant shall be solely responsible for the following debts:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________.
Second
Cohabitant shall be solely responsible for the following debts:
____________________________________________________________________
____________________________________________________________________
1____________________________________________________________________.
As
to debts which either party undertakes sole responsibility, said 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:
____________________________________________________________________
____________________________________________________________________
1____________________________________________________________________.
Each
party shall duly and promptly discharge his or her 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.
The
following property is the separate property of First Cohabitant, and Second
Cohabitant waives any and all claims to such property:
___________________________________________________________________________________________________________________________________________.
First
Cohabitant shall pay and hold Second Cohabitant harmless from any liabilities
or claims related to the separate property above.
The
following property is the separate property of Second Cohabitant, and First
Cohabitant waives any and all claims to such property:
______________________________________________________________________
_____________________________________________________________________.
Second
Cohabitant shall pay and hold First Cohabitant harmless from any liabilities or
claims related to the separate property above.
The
following property is the joint property of the parties:
______________________________________________________________________
_____________________________________________________________________.
The
following disposition shall be made of the jointly-held property:
______________________________________________________________________
_____________________________________________________________________.
The
parties warrant to one another that all jointly-held property has been
disclosed.
First
Cohabitant and Second Cohabitant 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:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________.
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:
______________________________________________________________________
_____________________________________________________________________.
The
parties agree that in the event either party deems 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 _________________ (Time),
provided that either party may object at any court proceeding to the emergency
nature of the dispute.
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.
This
agreement contains the entire agreement between the parties, and this agreement
may only be altered in writing executed by the parties hereto.
Each
party has had a full opportunity to consult with independent counsel in regards
to this agreement.
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.
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.
This
agreement shall be construed under the laws of the State of ________________.
In
the event of any reconciliation of the parties, this agreement shall remain in
full force and effect unless canceled or amended in writing.
___________________________________ Dated: _______________________
Signature
of First Cohabitant
___________________________________ Dated: _______________________
Signature
of Second Cohabitant