MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement (“Agreement”) is made and entered into on [Date], by and between XXX hereinafter referred to as “Husband,” and XXX, hereinafter referred to as “Wife.”

RECITALS

WHEREAS, the parties were lawfully married on October XXX, in XXX, XXX County,XXX, and have lived together as husband and wife since that time;

WHEREAS, the parties have experienced difficulties and challenges in their marital relationship, and they now mutually agree that their differences are irreconcilable, leading to the irremediable breakdown of their marriage;

WHEREAS, the parties have decided to separate and dissolve their marriage in an amicable and cooperative manner, without resorting to contested litigation, and have reached a full and final settlement of all rights and obligations arising from their marital relationship;

WHEREAS, the parties have two (2) minor children together, namely XXX, born on January XXX and XXX, born on October XXX, and they both recognize the paramount importance of safeguarding the best interests and well-being of their children throughout this process;

WHEREAS, this Agreement is intended to provide a fair and equitable division of the parties’ property, assets, and debts, as well as address matters related to child custody, visitation, child support, and spousal support, to ensure a comprehensive and lasting resolution of all issues;

WHEREAS, each party acknowledges that they have had the opportunity to seek independent legal counsel and have either obtained legal advice or voluntarily chosen not to do so, and they fully understand and voluntarily enter into this Agreement without any coercion or duress;

WHEREAS, the parties intend for this Agreement to be incorporated into the final judgment of dissolution of marriage, and they agree to be bound by its terms and provisions;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows:

DATE OF MARRIAGE
- The parties were married on October XXX, at XXX, XXX County,XXX, and ever since then have been and are husband and wife.
DATE OF SEPARATION
- The date of separation of the parties was March XXX

IRRECONCILABLE DIFFERENCES
- Irreconcilable differences have led to the irremediable breakdown of the marriage, and there is no possibility of reconciliation.

MINOR CHILDREN OF THE MARRIAGE
- There are two (2) minor children of the marriage of the parties. The minor children are as follows:

NAME DATE OF BIRTH

XXX January XXX

XXX October XXX

PURPOSE OF AGREEMENT
- The primary and fundamental purpose of this agreement is to achieve an unequivocal and comprehensive resolution that fully settles and lays to rest all rights and obligations existing between the involved parties. This includes an exhaustive and conclusive disposition of all property rights and, where pertinent, the determination of rights and responsibilities related to child custody and visitation, child support, and spousal support.
- Through this agreement, the parties aim to reach a final and binding resolution that leaves no room for ambiguity or further dispute, providing a stable and harmonious basis for their future interactions and ensuring a smooth transition into their new individual circumstances.

WAIVER OF FINAL DECLARATIONS OF DISCLOSURE.
- In recognition of their mutual understanding and consent, each party involved in this agreement knowingly, intelligently, and voluntarily waives the requirements stipulated under Family Code section 2105(a), which pertain to the compulsory service of final declarations of disclosure and income and expense declarations upon each other. By entering into this waiver, the parties affirm the following declarations, as prescribed by Family Code section 2105(c):
  - Both parties have dutifully fulfilled the obligations set forth in Family Code section 2104, which necessitate the completion and exchange of preliminary declarations of disclosure. This exchange has been duly accomplished in accordance with the applicable legal provisions.
  - Additionally, the parties have satisfactorily completed the exchange of up-to-date income and expense declarations, ensuring transparency and informed decision-making in the process of arriving at this agreement.
  - The decision to waive the final declarations of disclosure and income and expense declarations has been taken with full knowledge of the implications and consequences, demonstrating the parties’ informed and cognizant consent to proceed in this manner.
  - Furthermore, both parties acknowledge and comprehend that this waiver might have an impact on their future ability to challenge the judgment based on legal provisions, which grant the option to set aside the judgment under certain circumstances.
- By mutually waiving the final declarations of disclosure and income and expense declarations, the parties aim to streamline and expedite the resolution process, recognizing and accepting that they have fulfilled their disclosure obligations up to this point, and with a clear awareness of the implications of their decision for any potential legal recourse in the future.

CUSTODY AND VISITATION.
- Custody
  - The parties have agreed to an arrangement of joint legal and physical custody of the children, emphasizing their shared commitment to fostering a nurturing and supportive environment for the well-being and development of the minors involved.
  - Joint legal custody entails that both parties will participate actively in making major decisions related to the children’s welfare, including but not limited to education, healthcare, and religious upbringing. Joint physical custody designates that the children will spend substantial and meaningful time with each parent, ensuring a continuous and meaningful presence of both parents in their lives.
- Parenting Plan
  - In order to ensure a smooth and harmonious co-parenting experience, the parties shall collaboratively devise a detailed parenting plan that outlines the specifics of the joint custody arrangement.
  - This plan shall encompass the children’s residential schedule, holiday visitation, vacation arrangements, transportation logistics, and any other relevant considerations that may contribute to the children’s stable and consistent upbringing.
- Communication and Cooperation
  - Recognizing the significance of effective communication and cooperation in the joint custody arrangement, the parties commit to maintaining open and respectful channels of communication.
  - They shall promptly share pertinent information about the children’s well-being and any important developments in their lives.
  - Both parties shall make a genuine effort to cooperate in resolving any issues that may arise concerning the children’s upbringing and shall strive to work together in their best interests.
- Notice of Change of Residence
  - In order to uphold the stability and continuity of the children’s lives, neither party shall effectuate a change of their residence or that of any minor child of the parties without providing written notice at least 180 days in advance to the other party.
  - This notice shall include the intended date of relocation, the new address, and a detailed explanation of the reasons for the move. The non-relocating party shall have the opportunity to respond to the proposed relocation, and both parties shall work collaboratively to address any concerns or adjustments required as a result of the move.
- Right Of First Refusal
  - If either parent finds it necessary to arrange for child care during their scheduled custodial time, they shall first offer the other parent the right of first refusal.
  - This means that if a parent cannot personally care for the children during their allotted time, the other parent shall have the option to care for them before engaging the services of a third-party child care provider

CHILD SUPPORT
- Basic Payment Provisions
  - In consideration of the support and welfare of the minor children, JXXX (“Payor”) shall make monthly child support payments to XXX (“Payee”) in the amount of $1,500 per month, with the first payment due on the first of each month, commencing March 13, 2020. The child support amount is allocated between/among the children as follows:

XXX $750.00

Child Support Calculation Method
- The parties agree that child support shall be calculated according to the established guidelines mandated by the State of XXX or XXX, as applicable. The calculation shall consider various factors, including but not limited to:
  - The respective incomes of each parent, taking into account any wages, salaries, bonuses, commissions, dividends, rental income, self-employment income, retirement benefits, and any other sources of income.
  - The number of minor children subject to this support agreement.
  - The amount of time each parent spends with the children, considering both custodial and non-custodial periods.
  - Any additional expenses related to the children’s education, health care, extracurricular activities, and other reasonable and necessary costs incurred for their benefit.
- Annual Child Support Review
  - The parties acknowledge the significance of maintaining a fair and appropriate child support arrangement in light of changing circumstances and evolving needs.
  - Therefore, they commit to conducting an annual review of the child support amount, as required by law or whenever there is a substantial change in circumstances that may affect the children’s financial requirements or the parents’ ability to pay.
  - During the annual review, the parties shall reevaluate their respective incomes, the children’s expenses, and any other relevant factors to ensure that the child support amount remains in accordance with the prevailing California or Nevada guidelines.
- Income Verification and Disclosure
  - In the interest of transparency and fairness, both parties shall provide timely and accurate income verification and disclosure for the purpose of child support calculations.
  - Each party agrees to furnish all necessary documentation, such as tax returns, pay stubs, financial statements, and any other supporting materials, within a reasonable timeframe upon request or as required during the annual child support review.
- Child Support Payment Method
  - The child support payments shall be made through a mutually agreed-upon method, ensuring prompt and reliable delivery to the Payee.
  - The Payor shall maintain detailed records of all child support payments, including the date of payment, the amount, and any other relevant transaction details.
- Modification Of Child Support
  - In the event of a substantial change in circumstances, such as a significant change in income, changes in the children’s needs, or any other relevant factors, either party may seek to modify the child support amount through the appropriate legal channels.
  - The parties commit to engaging in good faith negotiations before resorting to legal action, with the aim of reaching a mutually acceptable resolution that serves the best interests of the children.
- Additional Child Support
  - In addition to the basic child support provisions outlined in section 8.1, both parties shall contribute directly to the provider half of the education and work-related child care costs of the minor children, commencing on March 01, 2020. These additional child support expenses encompass costs associated with educational pursuits, such as tuition fees, school supplies, and extracurricular activities, as well as work-related child care expenses incurred by the custodial parent to enable their employment or educational commitments.
  - The obligation to provide additional child support shall continue until the first occurrence of the following events:
    - The child attains the age of 19 years or has attained the age of 18 years and either is not enrolled as a full-time high school student or is financially self-supporting. The parties shall collaborate to assess the child’s educational status and financial independence accurately to determine the conclusion of this provision.
    - In the unfortunate event of the child’s demise, the responsibility for additional child support shall terminate immediately.
    - The child enters into a valid marriage or commences active duty with any branch of the armed forces of the United States of America, receives a declaration of emancipation under California law, or alternatively achieves emancipation by voluntarily leaving home and becoming financially self-supporting. In such instances, the parties shall jointly review the child’s status to confirm their independence, and upon confirmation, this provision shall cease to apply.
    - If the custodial parent passes away, and the other parent assumes full custody of the children, the responsibility for additional child support shall discontinue accordingly.
    - In the event of a further court order that modifies or supersedes this agreement regarding additional child support, the terms established by such court order shall govern the parties’ obligations moving forward.
  - It is the intent of both parties to provide adequate and necessary support for the child(ren)’s education and work-related child care expenses during the specified period or until one of the aforementioned events occurs. Both parties shall maintain accurate records of these expenses and share relevant documentation with each other upon request to ensure transparency and compliance with this provision. In the spirit of cooperation and consideration for the children’s welfare, any disputes or disagreements related to additional child support expenses shall be addressed amicably through open communication, with the goal of reaching a mutually satisfactory resolution.

MAINTENANCE OF HEALTH INSURANCE FOR CHILDREN
- XXX shall be responsible for maintaining comprehensive medical and dental insurance coverage for each minor child, utilizing the insurance provided through his/her employment. The premiums for this insurance coverage shall be shared equally by both parties, reflecting their shared commitment to ensuring the children’s health and well-being.
- To maximize the benefits of the insurance coverage for the children’s medical needs, both parties shall collaborate fully and in a timely manner. This collaboration shall encompass various aspects, including but not limited to:
  - Obtaining and providing all necessary insurance cards to each other to ensure both parents have access to the insurance coverage details and can utilize it effectively when seeking medical services for the children.
  - Furnishing all relevant claim forms to each other promptly, allowing for efficient claims processing and reimbursement for any medical expenses incurred on behalf of the children.
  - Completing and submitting all essential documents related to insurance claims and any required paperwork accurately and expeditiously to prevent any delays or complications in obtaining medical services for the children.
  - Facilitating the timely payment of insurance premiums to ensure uninterrupted coverage for the children.
- This provision shall be considered an integral part of the child support orders made by the court during the dissolution action and shall remain in effect for the specified duration unless modified by further court order.
- In the event that the existing medical and dental insurance coverage becomes unavailable for any reason, XXX shall promptly seek and provide an alternative insurance plan that offers similar coverage for the children’s medical needs. If such alternative insurance coverage is obtained at no cost or at a reasonable cost, it shall be utilized as the primary insurance for the children.
- However, if no suitable insurance coverage is available, both parties shall share the responsibility equally for any medical costs incurred on behalf of the children. These shared medical costs shall include but not be limited to doctor visits, hospitalizations, medications, and other medically necessary expenses.

PAYMENT OF UNCOVERED HEALTH CARE EXPENSES
- The parties recognize the importance of ensuring comprehensive health care coverage for the minor children and mutually agree to equally share the responsibility for any uncovered health care expenses not covered by insurance. Uncovered health care expenses encompass medical, dental, orthodontic, optical, psychiatric, psychological, and any other health-related expenses that are not fully covered by insurance.
- When either party incurs any uncovered health care expense on behalf of a minor child, they shall promptly provide the other party with an itemized statement detailing the costs accrued or paid. The itemized statement shall include a breakdown of the expenses incurred, along with any relevant supporting documentation, such as receipts, invoices, or explanation of benefits (EOBs). Additionally, the party incurring the expense shall furnish any necessary information about the health care provider or medical facility to facilitate payment.
- Upon receiving the itemized statement and documentation, the reimbursing party shall make the required payment or reimbursement for their share of the uncovered health care expenses within a reasonable time, but not exceeding 30 days. Timely reimbursement ensures that the financial responsibility is shared fairly and that the children’s medical needs are promptly attended to without undue financial burden.
- The parties acknowledge that this provision regarding the payment of uncovered health care expenses is an integral part of the child support orders established by the court during the parties’ dissolution action. As such, it shall remain in effect for the duration specified in the court order, unless modified by further court order due to significant changes in circumstances.
- To facilitate smooth communication and efficient resolution of any concerns related to uncovered health care expenses, both parties commit to maintaining open and transparent lines of communication. They shall promptly inform each other of any substantial medical expenses incurred and promptly address any questions or clarifications that may arise regarding the payment and reimbursement process.
- In cases where the parties disagree on the reasonableness of any uncovered health care expenses, they agree to discuss the matter in good faith and attempt to reach a fair resolution. If a resolution cannot be reached through amicable negotiations, the parties may seek mediation or legal intervention to resolve the dispute.

CHILD SUPPORT STIPULATION ACKNOWLEDGMENTS.
- The parties solemnly declare the following stipulations and acknowledgments pertaining to their agreement regarding child support:
  - Full Awareness of Rights: The parties are fully informed of their rights concerning child support, including the right to have child support awarded in accordance with legislatively determined guidelines. They acknowledge their understanding that child support is determined based on factors such as the children’s needs, the parents’ respective incomes, the number of children subject to the support order, and the time each parent spends with the children. Both parties acknowledge that they have been given an opportunity to seek legal counsel and have thoroughly reviewed the guidelines and relevant legal provisions governing child support.
  - Voluntary Agreement: The child support order included in this agreement is being voluntarily agreed to by both parties. The agreement is reached without any form of coercion, duress, or undue influence. Both parties acknowledge that they have entered into this agreement willingly and with a full understanding of its implications.
  - Best Interests of the Children: The parties unequivocally affirm that this child support agreement is founded upon the best interests of the children involved. They acknowledge that child support is a crucial aspect of ensuring the children’s well-being, including their financial, emotional, and developmental needs.
  - Adequate Support: The parties are confident that the stipulated amount of child support is sufficient to meet the reasonable and necessary needs of the children. They have taken into consideration the children’s living expenses, educational requirements, medical needs, extracurricular activities, and any other relevant costs in determining the support amount.
  - Non-Involvement of Public Assistance: The parties declare that neither the right to child support nor any part of the child support has been assigned to a county pursuant to section 11477 of the Welfare and Institutions Code. Furthermore, they affirm that no public assistance application is pending or has been made in connection with child support for the children.
- Both parties acknowledge that this child support stipulation is an integral part of the overall agreement reached in their dissolution action. They understand that this stipulation serves to safeguard the best interests of the children and promote their well-being by providing the necessary financial support. Additionally, the parties acknowledge their shared responsibility for ongoing compliance with this child support stipulation.

SUMMER CAMPS
- Summer Camp Selection:
  - Collaborative Camp Selection: The parents wholeheartedly agree to collaboratively and jointly select summer camps for their children each year. The selection process shall prioritize the children’s preferences, abilities, and age-appropriate activities to ensure a fun and enriching experience. Both parties shall consider the children’s individual interests and unique personalities when choosing suitable summer camp options.
  - Financial Considerations: The parties acknowledge that summer camp expenses are an integral part of the children’s growth and development. Therefore, they agree to share the financial responsibility equally by each contributing half of the total summer camp expenses once the camps are agreed upon. The party incurring the expense shall promptly present an itemized statement of all costs accrued or paid, including receipts or invoices, and any necessary information regarding payment to the camp provider.
  - Timely Reimbursement: The reimbursing party shall undertake to make the required payment or reimbursement for their share of the summer camp expenses within a reasonable time, but not exceeding 30 days after receiving notification of the amount due. Timely reimbursement ensures that both parents contribute their fair share to provide the children with memorable and enjoyable summer camp experiences.
  - Incorporation in Child Support Orders: For the purpose of ensuring continuity and clarity, this provision regarding summer camp expenses shall be deemed an integral part of the child support orders issued by the court during the parties’ dissolution action. As such, the provision shall remain in effect throughout the specified duration, unless modified by further court order due to significant changes in circumstances.
  - Inclusiveness and Fairness: Both parties commit to being open and receptive to the children’s camp preferences and interests, taking into account their feedback and desires when choosing suitable camps. The goal is to create a positive and inclusive environment that fosters the children’s growth, learning, and enjoyment during the summer camp experience.
  - Communication and Cooperation: The parents pledge to maintain open communication throughout the summer camp selection process and during the camp period, sharing information about the children’s experiences and addressing any concerns promptly and amicably. They recognize that effective cooperation contributes to a rewarding and memorable summer camp experience for the children.
  - Consideration of Costs: While ensuring a diverse range of enriching activities, both parties agree to consider the costs of summer camps, endeavoring to choose options that align with their financial capacities and the overall well-being of the children.
  - Planning Ahead: In preparation for each summer, the parents shall initiate the camp selection process in a timely manner, taking into account registration deadlines and the availability of desirable camps to secure a spot for the children at their chosen camps

BEFORE AND AFTER-SCHOOL CARE EXPENSES
- Both parties acknowledge that their children require before and after-school care during regular school days.
  - Both parties agree that each party shall pay half of before and after-school care for their children.
- The parties shall maintain records of all payments made towards before and after-school care expenses and share the relevant documentation with each other upon request.
  - College or Higher Education Expenses:
    - The parties recognize the importance of planning for and supporting the higher education of their children.
    - The parties agree that they shall share the financial responsibility for college or higher education expenses for their children in an equitable manner.
    - College or higher education expenses may include but are not limited to tuition, books, supplies, room and board, transportation, and other reasonable and necessary expenses directly related to education.
    - The parties shall make reasonable efforts to explore and encourage their child(ren) to apply for scholarships, grants, and other forms of financial aid to help offset the expenses.
  - Determination of Expenses:
    - The parties agree to discuss and make joint decisions regarding the selection of educational institutions and programs for their children, considering factors such as the child’s preferences, academic aptitude, career goals, and financial capabilities.
    - The parties shall work together to estimate the projected college or higher education expenses based on the current costs of education, taking into account inflation and other relevant factors.
    - The estimated expenses shall be periodically reviewed and updated by the parties as necessary, in consideration of changes in educational plans or financial circumstances.
  - Financial Contribution:
    - The parties shall each contribute a portion of the college or higher education expenses based on their respective financial means and ability to pay.
    - The specific percentages or amounts of contribution shall be determined by mutual agreement or as specified in this agreement.
    - The contributions may be made directly to the educational institution, to the children, or as otherwise agreed upon by both parties.
  - Notification and Documentation:
    - The parties shall provide each other with timely notification of college or higher education application deadlines, financial aid applications, and other relevant information related to the children’s educational pursuits.
    - Both parties shall keep each other informed of any financial aid awards, scholarships, or grants received by the children.
    - The parties shall exchange relevant documentation, including receipts, invoices, and proof of expenses incurred, to verify the college or higher education expenses and the respective contributions made.
  - Modification of Agreement:
    - In the event of a substantial change in financial circumstances or other factors affecting the ability to meet college or higher education expenses, either party may seek a modification of the agreement through negotiation or legal process.

SPOUSAL SUPPORT
- Basic Payment Provision
  - John Philip McCoy shall make spousal support payments to XXX in the amount of $400.00 per month. These payments shall be payable on the first day of each month, and the spousal support arrangement shall commence on March XXX
- Duration and Termination
  - The spousal support payments shall continue until the occurrence of any of the following events, whichever comes first:
    - The death of either party;
    - The remarriage of the party receiving spousal support (Payee);
    - Modification or termination of spousal support by further court order.
  - Potential Lifelong Support:
    - Unless modified or terminated by further court order, the spousal support obligation shall be in effect for the lifetime of the receiving party (Payee). In the absence of specific court-ordered modifications, the spousal support will endure indefinitely, subject to the conditions mentioned above (death, remarriage, or further court order termination).
  - Modification Review:
    - In recognition of the possibility of changing circumstances, both parties agree to review the spousal support arrangement periodically, as deemed appropriate or required by law.
    - The purpose of these reviews is to assess any significant changes in the parties’ financial situations, employment status, health, or other pertinent factors that may necessitate a modification of spousal support.
    - These reviews shall be conducted with mutual respect and open communication, and any adjustments to the spousal support shall be made based on the prevailing circumstances.
  - Cooperation and Timely Payments:
    - Both parties commit to maintaining amicable communication regarding spousal support matters.
    - The Payor shall ensure prompt and timely payments on the designated due date each month, facilitating the financial stability of the receiving party.
  - Good Faith Efforts:
    - The parties acknowledge their good faith efforts in entering into this spousal support arrangement.
    - Both Payor and Payee have considered their respective financial capabilities and requirements in arriving at this amount.
    - The support provided is intended to assist Payee in achieving financial independence while considering their unique circumstances and needs.
  - Court Authority:
    - Both parties understand that this spousal support arrangement is legally binding, and it is included in the court orders resulting from their dissolution action.
    - Any disputes or disagreements related to spousal support shall be addressed in accordance with applicable laws and through proper legal channels, including mediation or further court proceedings if necessary.

- Identification And Confirmation of Separate Property.
  - Husband’s Separate Property
    - The following is/are the separate asset(s) and obligation(s) of Husband, to be confirmed to him as his separate property. Wife disclaims and waives any and all rights and interest in these assets. Husband shall pay the obligation(s) and hold Wife harmless from these liabilities:
      - Personal items (clothing, tools, equipment, electronics) currently in possession;
      - Furniture currently in possession; and
      - Personal vehicle (2018 F150 Truck).
    - Wife’s Separate Property
      - The following is/are the separate asset(s) and obligation(s) of Wife, to be confirmed to her as her separate property.
      - Husband disclaims and waives any and all rights and interest in these assets. Wife shall pay the obligation(s) and hold Husband harmless from these liabilities:
        
        Personal items (clothing, tools, equipment, electronics) currently in possession; and
        
        Furniture currently in possession.
      - Identification And Division of Community Property.
        
        Husband’s Community Property
        
        Husband shall be awarded and assigned, as a portion of his share of the community property, the following assets and liabilities. Wife transfers to Husband as his separate property all of her rights and interest in each asset. Husband shall pay all the obligations assigned to him and hold Wife harmless from each liability:
        
        All tax liabilities from 2007 to 2019 tax years; (i) Within 30 days of the execution of this agreement, Husband shall assume responsibility for all outstanding tax liabilities for the tax years 2007 to 2019. (ii) Husband shall diligently address and settle any tax liabilities from the specified tax years, including making all necessary payments, filing amended tax returns if required, and resolving any disputes or audits related to these tax years. (iii) Husband shall provide Wife with regular updates on the status of the resolution of the tax liabilities and shall provide copies of any correspondence or documentation received from tax authorities within 10 days of receipt.
        
        Credit and other debt in Husband’s name; (i) Within 60 days of the execution of this agreement, Husband shall assume full responsibility for all credit and other debt in his name, including but not limited to credit card debt, personal loans, and any other liabilities solely in Husband’s name. (ii) Husband shall be solely responsible for making all necessary payments, negotiating settlements if required, and ensuring timely and accurate payment of all outstanding debts.
        
        Debt and tax liabilities under Operatives LLC entity; (i) Within 90 days of the execution of this agreement, Husband shall assume full responsibility for all debts and tax liabilities associated with the Operatives LLC entity. (ii) Husband shall promptly communicate with any creditors or tax authorities involved and shall take all necessary steps to address and settle the debts and tax liabilities under the Operatives LLC entity. (iii) Husband shall provide Wife with regular updates on the progress of resolving the debts and tax liabilities, including copies of any correspondence or documentation received from creditors or tax authorities, within 30 days of each update.
        
        Wife’s Community Property.
        
        Wife shall be awarded and assigned, as a portion of her share of the community property, the following assets and liabilities. Husband transfers to Wife as her separate property all of his rights and interest in each asset. Wife shall pay all the obligations assigned to her and hold Husband harmless from each liability:
        
        Credit and other debt in Wife’s name; (i) Within 60 days of the execution of this agreement, Wife shall assume full responsibility for all credit and other debt in her name, including but not limited to credit card debt, personal loans, and any other liabilities solely in Wife’s name. (ii) Wife shall be solely responsible for making all necessary payments, negotiating settlements if required, and ensuring timely and accurate payment of all outstanding debts.
        
        Transfer of Property Ownership: (i) Upon assuming ownership of the assets listed above, both Husband and Wife shall take all necessary steps to transfer the respective properties into their names and ensure that all relevant agencies and institutions are duly notified of the transfer
        
        Other Property Provision
        
        Disposition Of After-Acquired Assets: All assets acquired by either party after the date of separation of the parties shall be the separate property of the party acquiring them, and each party disclaims and waives any and all rights and interest in each asset acquired by the other after that date.
        
        Allocation Of Income Tax Refunds: Husband shall receive 50% percent of the anticipated refunds in connection with the parties’ joint federal and state income tax returns for the tax years 2007-2020. Wife shall receive 50% percent of the anticipated refunds in connection with the parties’ joint federal and state income tax returns for the tax years 2007-2020.
        
        Tax Filings and Dependency Exemptions: The parties agree that, for tax purposes, the wife shall claim the children as dependents on her tax returns, given that the wife shall be responsible for maintaining health insurance coverage for the children.

PROPERTY WARRANTIES AND REMEDIES
- Warranty Of Full Disclosure of Existence of Assets: Each party warrants to the other that he or she does not have any knowledge of any community assets other than those disclosed and listed in this agreement.
  - Remedy For Breach: If either party has any knowledge of any community asset other than those disclosed and listed in this agreement, that warrantor shall transfer or pay to the warrantee, at the warrantee’s election, one of the following:
    - If the asset is reasonably susceptible to division, a portion of the asset equal to the warrantee’s interest in it;
    - The fair market value of the warrantee’s interest in the asset on the effective date of this agreement, plus interest at the rate of ten percent (10%) per annum from the effective date to the date of payment; or
    - The fair market value of the warrantee’s interest in the asset on the date on which the warrantee discovers the existence of the asset, plus interest at the rate of ten percent (10%) per annum from the discovery date to the date of payment.
  - This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from nondisclosure of community assets.
- Warranty of Full Disclosure of Existence of Liabilities: Each party warrants to the other that he or she neither has incurred nor shall incur, on or before the effective date of this agreement, any liability not disclosed and listed in this agreement on which the other is or may become personally liable or that could be enforced at any time against an asset held or to be received under this agreement by the other party.
  - Remedy For Breach.
    - If either party has incurred or does incur, on or before the effective date of this agreement, any liability not disclosed and listed in this agreement on which the other is or may become personally liable or that could be enforced at any time against an asset held or to be received under this agreement by the other party, that warrantor shall fully indemnify the other with respect to the obligation, including, but not limited to, any and all liability on the obligation, attorney fees, and related costs.
    - This provision shall not be deemed to impair the availability, in a Court of competent jurisdiction, of any other remedy arising from nondisclosure of such liabilities.

Warranty Regarding Undisclosed Gifts or Transfers: Each party warrants to the other that he or she has made no undisclosed gifts or transfers for less than adequate consideration of any community assets with fair market values over $250.00 without the other party’s knowledge.
- Remedy For Breach:
  - If either party has made any undisclosed gift or transfer for less than adequate consideration of any community asset with a fair market value over $250.00 without the other party’s knowledge, that warrantor shall pay to the warranted a sum equal to half of the fair market value of the asset transferred, with the fair market value to be determined, at the warrantee’s election, as of either (a) the effective date of this agreement or (b) the date on which the warrantee discovers the transfer, less any appreciation in the asset’s value attributable solely to acts of the transferee(s) and successor(s). The warrantor shall further pay to the warrantee interest at the rate of ten percent (10%) per annum from the date elected for determination of the fair market value of the asset to the date of payment. This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from undisclosed gifts or transfers for less than adequate consideration.
- Warranty Regarding After-Acquired Liabilities: Each party warrants to the other that he or she shall not incur, after the effective date of this agreement, any liability on which the other shall be or may become personally liable or that could be enforced against an asset held by the other party.
  - Remedy For Breach:
    - If either party incurs, after the effective date of this agreement, any liability on which the other shall be or may become personally liable or that could be enforced against an asset held by the other party, that warrantor shall indemnify the other for any liability on the obligation, attorney fees, and related costs.

GENERAL PROVISIONS
- Release Of Liabilities and Claims: Except as otherwise provided in this agreement, each party hereby releases the other from all interspousal obligations, whether incurred before or after the effective date, and all claims to the property of the other. This release extends to all claims based on rights that have accrued before the marriage, including, but not limited to, property and support claims. The parties have considered such claims in this agreement.
- Status Of Temporary Orders: All temporary orders previously rendered by the court in the pending dissolution action of the parties shall be deemed fully satisfied as to those acts whose performance was required on or before the effective date of this agreement and shall be deemed superseded by this agreement as to those acts whose performance was not so required.
- Waiver Of Rights on Death of Other Party: Except for Wife’s rights under Paragraph 3 of this agreement, each party hereby waives the right to receive any property or rights whatsoever on the death of the other, unless such right is created or affirmed by the other under a will or other written document executed after the effective date of this agreement. Each party believes that he or she has received a fair and reasonable disclosure of the property and financial obligations of the other party. Each party’s waiver is intended to be an enforceable waiver of that party’s rights under Probate Code sections 140-147. The rights waived include, but are not limited to, rights to any of the following:
  - Property that would pass from the decedent by intestate succession;
  - Property that would pass from the decedent by testamentary disposition;
  - A probate homestead;
  - The setting aside of exempt property;
  - A family allowance;
  - The setting aside of an estate;
  - An election to take community or quasi-community property against the decedent’s will;
  - The statutory share of an omitted spouse;
  - An appointment as executor or administrator of the decedent’s estate, except as the nominee of a third party legally entitled to make such a nomination;
  - Property that would pass from the decedent by non probate transfer, such as the survivorship interest under a joint tenancy, a Totten trust account, or a payable-on-death account; and
  - Proceeds as a beneficiary of any type of insurance policy.
- Entire Agreement: This agreement contains the entire agreement of the parties on these matters, superseding any previous agreement between them.
- Reconciliation: If the parties reconcile, this agreement shall nevertheless remain in full effect unless and until it is modified or revoked in a writing signed by both parties.
- Modification By Subsequent Agreement: This agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, an oral agreement to the extent that the parties execute it, or an in-court oral agreement made into an order by a court of competent jurisdiction.
- Notice Of Bankruptcy Filing: If either party decides to claim any rights under the bankruptcy laws, that party must notify the other of this intention in writing at least ten (10) days before filing the petition. Such notice must include, but not necessarily be limited to, the name, address, and telephone number of the attorney, if any, representing the party in that proceeding and the court in which the petition shall be filed.
- Attorney Fees in Action to Enforce Or Modify Agreement: Except as to reserved issues, the prevailing party in any action or proceeding to enforce or modify any provision of this agreement, or any corresponding provision of a subsequent judgment into which the provision is merged, shall be awarded reasonable attorney fees and costs. For the moving party to be deemed the prevailing party for purposes of this provision, at least ten (10) days before the filing of any motion he or she must provide written notice to the other party specifying the alleged breach or default, if capable of being cured, or the modification requested. The other party must then be allowed to avoid implementation of this provision by curing the breach or default specified or executing an agreement for the modification requested during the ten-day period.
- Cooperation In Implementation Of Agreement: On demand of the other party and without undue delay or expense, each party shall execute, acknowledge, or deliver any instrument, furnish any information, or perform any other acts reasonably necessary to carry out the provisions of this agreement. If a party fails to execute any document as required by this provision, the court may appoint the court clerk or his or her authorized designee to execute the document on that party’s behalf.
- Effective Date: The effective date of this agreement shall be the date of its execution by the second of the parties to do so.
- Court Action: If a judgment of dissolution of marriage is obtained by either party, the original of this agreement shall be attached to the judgment. The court shall be requested to do the following:
  - Approve the entire agreement as fair and equitable;
  - Order the parties to comply with all of its executory provisions;
  - Merge the provisions relating to child custody and visitation, child support, spousal support, future acts with respect to property division, attorney fees and costs, and income tax, and only those provisions, into the judgment; and
  - Incorporate the remainder of the agreement in the judgment for the sole purpose of identification.
- Acknowledgments: Each party acknowledges that he or she respectively (1) is fully informed as to the facts relating to the subject matter of this agreement, and as to the rights and liabilities of both parties; (2) enters into this agreement voluntarily, free from fraud, undue influence, coercion, or duress of any kind; (3) is representing themselves in an “in pro per” status and is therefore not represented by legal counsel; (4) prior to executing this agreement, either party may have this agreement reviewed by an attorney; and (5) has read, considered, and understands each provision of this agreement.
- Signatures And Dates: The foregoing is agreed to by:

__________________________________________ Date __________________

(Husband’s printed name & signature)

__________________________________________ Date __________________

(Wife’s printed name & signature)

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