Wisconsin Separation Agreement Template

Enter the name of the
county in which this case
is filed.
STATE OF WISCONSIN, CIRCUIT COURT,
Enter the name of the
petitioner. If joint
petitioners, enter the name
of the wife.
In RE: The marriage of
For Official Use
COUNTY
Petitioner/Joint Petitioner-Wife:
First name
Middle name
Last name
and
Enter the name of the
respondent. If joint
petitioners, enter the name
of the husband.
Check divorce or legal
separation.
Respondent/Joint Petitioner-Husband:
With Minor Children
First name
Middle name
Last name
Divorce-40101
Legal Separation-40201
Case No.
Enter the case number.
Warning:
Marital Settlement
Agreement
Subject to court approval, the terms of this agreement will be included in your judgment of divorce or legal
separation. Be sure you understand it completely. Some portions of this agreement cannot be changed after the
court approves it, even if you did not understand or expect how it would affect you. You may wish to speak with a
lawyer before you sign this agreement to be sure you are fully aware of the laws that may apply to you.
In A, check 1 or 2.
If 2, enter the reason you
are asking for a legal
separation and not a
divorce.
In B.1, check a, b, or c.
If b, enter a date and
choose 1 or 2.
If 1, enter the reasons.
If c, enter the
maintenance amount and
the date the payments
should begin and end.
In 2, check a, b, or c.
If b, enter a date and
choose 1 or 2.
If 1, enter the reasons.
If c, enter the
maintenance amount and
the date the payments
should begin and end.
WE AGREE AS FOLLOWS:
A. MARITAL RELATIONSHIP
1.
Divorce. This marriage is irretrievably broken.
2.
Legal Separation. This marriage is broken and the reason we are requesting a legal
separation and not a divorce is
B. MAINTENANCE (Spousal Support)
1. For the Wife:
a.
The wife gives up her right to receive maintenance. She understands that by
giving up maintenance at this time, she may never ask for maintenance.
b.
The wife is not requesting maintenance at this time, but leaves open her right to
request it until
. Her right to request maintenance is limited to
1.
the following circumstance(s) only:
2.
any appropriate substantial change in circumstance.
c.
The husband shall pay maintenance to the wife in the amount of $
per month
beginning
, 20
. Maintenance shall end
20
, or until the wife remarries, dies, or by court order, whichever comes first.
,
2. For the Husband:
a.
The husband gives up his right to receive maintenance. He understands that by
giving up maintenance at this time, he may never ask for maintenance.
b.
The husband is not requesting maintenance at this time, but leaves open his right to
request it until
. His right to request maintenance is limited to
1.
the following circumstance(s) only:
2.
any appropriate substantial change in circumstance.
c.
The wife shall pay maintenance to the husband in the amount of $
per month
beginning
, 20
. Maintenance shall end
,
20
, or until the husband remarries, dies, or by court order, whichever comes first.
FA-4150V, 02/10 Marital Settlement Agreement - With Minor Children
§767.34, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 11
Marital Settlement Agreement with Minor Children
In 3, check a or b.
If b, check 1 or 2. If 2,
enter the employer
information.
NOTE: An arrearage is
an amount ordered that
has not been paid and is
overdue.
In 4, check a, b, c, d, e or
f.
If d, enter the monthly
payment amount, date
payments begin and the
interest rate percentage
for arrearages.
If e, enter the amount of
the arrears balance and
check 1 or 2. If 1, enter
the date of the one-time
payment. If 2, enter the
monthly payment
amount, the date
payments begin and the
interest rate percentage
for arrearages.
In D, for each debt owed
individually and jointly,
write the name, current
balance, and check who
will be responsible for
payment.
NOTE: Any and all
debts disclosed on the
parties’ Financial
Disclosure Statements
that are still unpaid
should be included here
and divided between the
parties. Any new debts
incurred should also be
listed and divided.
If more space is
necessary, attach
additional sheets.
Page 2 of 11
Case No.
___________
3. Payments shall be made
a.
no payments are ordered.
b.
to the Wisconsin Support Collections Trust Fund (WI SCTF) at Box 74200, Milwaukee,
Wisconsin 53274-0200
1.
directly from the payer to WI SCTF (only allowable if self-employed).
2.
by income assignment from the payer’s employer as indicated below:
Employer name
Address of payroll office
City
State
Zip
Phone
Fax
4. Arrearages for Previously Ordered Maintenance.
The parties agree to handle the maintenance arrears as follows:
a.
No maintenance was previously ordered. There is no amount due.
b.
The party has paid all maintenance as ordered. There is no amount due.
c.
If there are any arrearages for maintenance now or at the time of the final hearing,
those arrearages are waived and the court financial records shall be set at zero.
d.
As currently reflected in the WI SCTF KIDS computer system and shall be paid
through monthly income withholding by the WI SCTF in the amount of $
beginning
, 20
. The arrears balance shall
earn interest at the rate of
% per year until the arrearages are paid in full.
e.
The arrears shall be set at $
and paid through
1.
a one-time payment to the WI SCTF made by (Date)
.
2.
monthly income withholding by the WI SCTF in the amount of $
beginning
, 20
. The arrears balance shall earn
interest at the rate of
% per year until the arrearages are paid in full.
f.
Shall be determined by the court at the time of the final hearing.
C. MEDICAL INSURANCE
No later than the date of the final hearing, each party shall notify the other party in writing of
the availability of COBRA or other continuation benefits under their current health care policy.
D. DEBTS AND LIABILITIES
The following is a listing of ALL the debts and liabilities that we presently owe ( both individually
and as a couple) and who we agree shall be responsible for the payment of each debt:
Payment to
Balance Paid by Paid by
Shared
Payment for
(Creditor)
Due
Wife Husband Equally
Mortgage
$
Mortgage
$
Car 1
$
Car 2
$
Car 3
$
Loans-Student
$
Loans-Personal
$
Loans-Other
$
Credit Card 1
$
Credit Card 2
$
Credit Card 3
$
Credit Card 4
$
Other
$
Other
$
Other
$
Other
$
See attached
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 2 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 3 of 11
Case No.
___________
The parties agree and understand:
Each party assigned a debt shall be fully responsible for that obligation and shall not
make any demands upon the other party concerning that debt.
Any debt not listed shall be the responsibility of the party who incurred the debt.
Creditors are NOT bound by this agreement and each party remains liable to creditors
for all marital debts.
Any party who suffers a loss because of a failure of the other party to pay an assigned
debt may enforce that obligation by a motion or an order to show cause for contempt
of court.
In E, complete this
section with as much
detail as possible.
NOTE: There are two
types of property. “Real
estate” includes such
things as homes and land.
“Personal property”
includes all other things
such as vehicles, clothing
and other personal items,
furniture, bank accounts,
and retirement or
investment accounts.
NOTE: If you have
already divided the
property, you must still
disclose how you
divided it.
NOTE: Any and all
assets disclosed on the
parties’ Financial
Disclosure Statements
should be included here
and divided between the
parties.
E. PERSONAL PROPERTY DIVISION
1. Division. The parties agree to the final personal property division as indicated below:
List the property and check if the wife or husband
will have permanent use of the property once the
divorce/legal separation is final.
Who will have possession?
Wife = W
Husband = H
Household Items
W
H
Automobiles
Year, Make, Model
W
H
Life Insurance
Name of Company & Policy #
W
H
Business Interests
Name of Business & Address
W
H
Securities: Stocks, Bonds, Mutual Funds, Commodity Accounts
Name of Company & # of shares
W
H
Pension, Retirement Accounts,
Deferred Compensation, 401K Plans, IRAs, Profit Sharing, etc.
Name of Company & Type of Plan
W
H
Cash and Deposit (Savings & Checking) Accounts
Name of Bank or Financial Institution
W
H
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 3 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 4 of 11
Other Personal Property
Description of Asset
If more space is
necessary, mark the box
and attach additional
sheets.
Indicate when and how
any exchange of property
will take place.
Case No.
___________
W
H
See attached
2. Exchange. The following items still need to be exchanged between the parties:
a.
None. All personal property has already been exchanged to the satisfaction of
both parties.
b.
List of items:
The exchange of personal property shall be made by (Date)
according to the following arrangements:
Any item of personal property not listed in #2(b) above shall be awarded to the
party who has possession at the time of the final hearing.
In F, check 1 or 2.
If 2, and the parties own
a primary residence,
check a.
If a, enter the address and
Parcel Identification
Number, which can be
found on your real estate
tax bill.
Attach a copy of the
legal description.
Check 1 or 2.
If 1, check A or B and
enter other provisions, if
any.
If 2, check 1, 2, 3, or 4 in
A, B, and C for the
responsibility for other
expenditures that occur
while the property is
being sold.
Enter the percentage each
party shall receive in a
and b. The total amount
must equal 100 %.
F. DIVISION OF REAL ESTATE
1.
Neither party owns any real estate at this time.
2.
One or both parties own real estate at this time.
a.
Primary Residence. The parties own a primary residence located at:
Address
City
State
Zip
Parcel Identification Number (Tax Key Number)
Attached is a legal description of this property.
1.
This primary residence shall be awarded to the
A.
wife
B.
husband
and that party shall be responsible for outstanding financial obligations,
and the other party shall be held harmless from any liability. Other
provisions including refinancing requirements, if any:
See attached
2.
This residence shall be placed on the market for sale.
A. Pending sale, the residence shall be occupied, used, or managed by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
B. Pending sale, the mortgage, taxes, and insurance shall be paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
C. Pending sale, any necessary repairs, special assessments and other
sale-related expenses shall be paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
The money from the sale of this residence shall be used to pay the usual
costs of a sale and prorations, and any balance on the existing mortgage.
Upon payment of all costs, the proceeds left from the sale shall be divided
between the parties as follows:
a. The wife to receive
%.
b. The husband to receive
%.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 4 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
b.
If the parties own other
real estate (including any
timeshare interests),
check b, complete the
attached Schedule A
found at the end of this
document.
In G, check 1 or 2.
If 1, check a or b.
If 2, enter the amount.
In a, check 1 or 2.
In b, check 1, 2 or 3.
If 2, enter the date
[month, day, year].
If 3, enter the amount
and date.
In c, enter the
percentage and check
1 or 2.
Page 5 of 11
Case No.
___________
Other Real Estate. One or both of the parties own additional real estate,
including any timeshare interests, which is disclosed and divided as set forth in
the attached Schedule A.
Transfer of Title. Both parties understand that this marital settlement agreement alone
will not transfer title to one party or the other, but such a transfer requires a fully executed
Quit Claim Deed and a Wisconsin Real Estate Transfer Return signed by the parties.
The party awarded a parcel of real estate shall be responsible for having the necessary
documents prepared.
G. EQUALIZATION OF MARITAL PROPERTY DIVISION
1.
No payment is required to be made to equalize the marital property division because
a.
the property and debt division are equalized to the satisfaction of the parties.
b.
equalization has been accomplished through a division of real estate sale
proceeds.
2.
A payment of $
is required to equalize the marital property division.
a. This payment shall be made by the
1.
wife to the husband.
2.
husband to the wife.
b. This payment
1.
was made.
2.
shall be made in a lump sum payment no later than (Date)
, 20
3.
shall be paid in the amount of $
per month beginning
, 20
c. The amount shall earn interest until paid in full at the rate of
% per year
from the date
1.
of the final hearing.
2.
the payment was due.
H. TAXES
1. Year of Divorce/Legal Separation.
The parties agree to file their income tax returns for the year of the divorce/legal
separation consistent with the rules of the IRS, Wisconsin Department of Revenue, and
Wisconsin’s Marital Property law.
The parties understand that their marital status on the last day of the year determines
their filing status for that year, whether married or single.
The parties acknowledge that each are responsible for seeking tax advice from a tax
professional with regard to issues of this divorce/legal separation.
In 2, check a or b.
If b, check 1 or 2.
If 2, indicate how the
parties agree to handle
the filing (expense and
refund, if any).
In I, check 1, 2, or 3.
If 2 or 3, enter the
former legal surname.
2. Years Before Divorce/Legal Separation.
a.
Tax returns for all previous years were filed.
b.
The parties agree to file returns for the previous tax years as follows:
1.
share preparation expenses, tax liability, and/or refund equally.
2.
Other:
I. LEGAL NAME RESTORATION
1.
Neither party requests the right to use a former legal surname.
2.
The wife requests the right to use a former legal surname of
3.
The husband requests the right to use a former legal surname of
.
.
Note: If this is an action for legal separation, the court cannot allow a spouse to resume a former legal
surname unless and until the judgment is converted to a divorce.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 5 of 11
§767.34, Wisconsin Statutes
.
.
Marital Settlement Agreement with Minor Children
NOTE: Legal custody
is the right and
responsibility to make
major decisions about
a child.
In J, enter the name,
date of birth [month,
day, year], of each
child and check
custody option.
NOTE: To include
more detail, check the
box and attach a
parenting plan or other
separate description.
NOTE: Physical
Placement means where
the child lives or spends
their time.
Shared placement
occurs when a child
spends at least 25% or
92 days per year with
each parent. Otherwise,
one parent is considered
to have primary
placement.
In K, enter the names of
the children. Check
shared, primary mother,
or primary father for
each child.
Check 1 or 2. If 1,
attach parenting plan
and/or a schedule. If 2,
describe how placement
will be arranged.
If b, enter who will
provide insurance, the
out of pocket cost for
such insurance, and the
amount the other party
will contribute.
Page 6 of 11
Case No.
___________
J. LEGAL CUSTODY OF MINOR CHILDREN
The minor children (age 17 or younger) born to or adopted together by the parties, before or
during the marriage, are listed below and the legal custody of each shall be as follows:
Joint
Sole Legal
Sole Legal
Legal
Custody to
Custody to
Name of Minor Child
Birth Date
Custody
Mother
Father
Also see attached parenting plan or other separate description.
In a sole legal custody arrangement, the parent not granted sole legal custody, shall file a
medical history form with the court in compliance with §767.41(7m), Wis. Stats.
K. PHYSICAL PLACEMENT OF MINOR CHILDREN
The physical placement of the minor children shall be as follows:
Primary
Name of Minor Child
Shared
w/Mother
Primary
w/Father
and the placement schedule shall be
1.
as listed in the attached parenting plan and/or schedule.
2.
as follows:
See attached
L. MEDICAL AND HEALTH CARE EXPENSES
1. Medical Insurance and Payments. Parents are required to provide private health
insurance for their minor child(ren) if service providers are located within 30 miles or 30
minutes from the child’s residence and if the cost is reasonable. Reasonable cost is
defined as the difference between single and family coverage where the added cost does
not exceed 5% of the insuring parent’s monthly income available for child support. The
insuring parent may receive a contribution toward the cost of the insurance from the other
parent, either as a credit against the child support obligation or an increase in the noninsuring parent’s child support obligation as long as the increase does not exceed 5% of
the non-insuring parent’s gross monthly income. The parties agree that such medical
insurance coverage for the minor child(ren) including medical, dental, orthodontic,
hospital, psychiatric, counseling, drug and other health expenses which is currently
offered shall be provided and paid by
a.
both parties. They shall provide private health insurance and neither parent is
required to make a cash contribution to the other.
b.
. He/She shall provide private health insurance. The out
of pocket cost (difference between single and family coverage) to cover the child(ren) under
such insurance is $
. The other parent shall
contribute $
toward that cost (as a reasonable cash contribution) and that
amount, if any, is included as a deviation in the child support calculation in M. Child
Support Basis below.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 6 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
If c, indicate who will
be responsible for
providing public health
insurance and whether
the children are
enrolled to need to be
enrolled.
Also, check 1 or 2. If
2, indicate the cost for
such insurance and the
amount the other party
will contribute.
If d, check which party
has income below
150% of the federal
poverty level.
In 2, enter the
percentage that each
parent will pay in a.
and b. The total must
equal 100%.
In 3, enter the number
of days for the
deadline.
In M.1, check the
guideline that applies
to the specifics of this
case after considering
the gross income of
the parties, other
payment obligations of
the parties, and
physical placement of
the children.
In 2.a,For
enter
the payer’s
NOTE:
more
information
on DCF 150,
name, recipient’s
name,
contact
yourfrequency
local Child
payment
Support
Agency.
(weekly,
bi-weekly,
monthly, bi-monthly)
and guideline amount.
In b1, enter the medical
deviation from L.1.b or c
or “0” if none and check
if the amount should
increase or decrease the
guideline amount.
In b.2, enter the other
deviations or 0 if none.
In c, enter the date the
payment shall begin and
determine the net child
support amount after
adding or subtracting the
deviations from the
amount in 2.a.
Page 7 of 11
Case No.
___________
c.
A comprehensive private health insurance policy is not available to either parent at
a reasonable cost. The
mother
father
has enrolled in
shall
promptly apply for Public Health Insurance.
1.
There is no out of pocket expense for the above Public Health Insurance.
2.
Out of pocket cost for such insurance is $
. The other parent
shall contribute $
toward that cost (as a reasonable cash
contribution) and that amount, if any, is included as a deviation in the child
support calculation in M.Child Support Basis below. If an accessible private
health insurance policy becomes available at a reasonable cost to either
parent, that parent shall enroll the child(ren) as covered dependents under
his/her health insurance.
d.
The
mother
father does not have free health insurance available and has
income below 150% of the federal poverty level and is therefore unable to make a
cash contribution toward the cost of the child(ren)’s healthcare. The appropriate cash
medical support obligation is $0. If accessible private health insurance becomes
available at a reasonable cost to either parent, that parent shall enroll the child(ren)
as covered dependents under his/her health insurance.
The insuring parent shall provide the other parent and the child support agency with copies
of policy information and insurance cards. He/She shall inform the child support agency
about any change in his/her employment and the availability of insurance.
2. Uninsured Health Care Expenses. Payments for health care expenses for the minor
children not covered by insurance, including medical, dental, orthodontic, hospital,
psychiatric, counseling, drug and other health expenses shall be paid as follows:
a. The wife to pay
% of the total amount.
b. The husband to pay
% of the total amount.
3. Reimbursements. Any request for reimbursement from the other party for medical
insurance and uninsured health care expenses shall be made in writing. The other party
shall pay their required percentage within
days after receiving a written request.
M. CHILD SUPPORT BASIS
1. According to the child support percentage of income standards, the standard calculation,
based on gross income that applies to this case is
17% for one child.
split-placement formula.
25% for two children.
shared-placement formula.
29% for three children.
serial-family parent formula.
31% for four children.
low-income payer formula.
34% for five or more children.
high-income payer formula.
2. Child Support Order and Basis for a Deviation.
a. Based on the above standard calculation, the parties understand that
child support would be paid by
to
per
in the amount of
b. The parties agree to deviate from that amount of child support.
1. A cash contribution from above in
L.1.b. or L.1.c.2. MEDICAL AND HEALTH CARE EXPENSES
increases
decreases this child support amount by
(If no deviation, enter “0” or “None”)
$
$
2. A deviation is based on: (Explain the reasons for any other deviation here)
and this
increases
decreases this child support amount by
(If no deviation, enter “0” or “None”)
c.
$
The net amount of the child support payment shall begin
,
20
in the amount of (If no child support is to be paid, enter “0” or “Held Open”) $
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 7 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 8 of 11
Case No.
___________
If b, check 1 or 2. If 2,
enter the payer’s
employer information.
3. Payments shall be made
a.
no payments are ordered.
b.
to the Wisconsin Support Collections Trust Fund (WI SCTF) at Box 74200,
Milwaukee, Wisconsin 53274-0200
1.
directly from the payer to WI SCTF (only allowable if self-employed).
2.
by income assignment from the payer’s employer as indicated below:
Employer name
Address of payroll office
City
State
Zip
Phone
Fax
NOTE: An arrearage is
an amount ordered that
has not been paid and is
overdue.
In 4, check a, b, c, d, e
or f. If d, enter the
monthly payment
amount and the date
payments begin. If e,
enter the amount of the
arrears balance and
check 1 or 2. If 1, enter
the date of the one-time
payment. If 2, enter the
amount of the monthly
payment and the date
payments begin.
4. Arrearages for Child Support.
The amount of the child support arrears owed to a party shall be paid and earn interest at
the statutory interest rate. Payments shall be made as follows:
a.
No child support was previously ordered. There is no amount due.
b.
The party has paid all child support as ordered. There is no amount due.
c.
If there are any arrearages for child support now or at the time of the final hearing,
those arrearages are waived and the court financial record shall be set at zero.
d.
The total amount currently reflected in the WI SCTF KIDS computer system and shall
be paid through monthly income withholding by the WI SCTF in the amount of
$
beginning
, 20
until the arrearages are paid in full.
e.
The arrears shall be set at $
and paid through
1.
a one-time payment to the WI SCTF made by (Date)
.
2.
monthly income withholding by the WI SCTF in the amount of $
beginning
, 20
until the arrearages are paid in full.
f.
Shall be determined by the court at the time of the final hearing.
In 3, check a or b.
In 5, if applicable, enter
the percentage each
parent shall pay. The
total amount must equal
100 %.
In 5.c, enter the number
of days for each
deadline.
NOTE: Variable Costs
are defined in DCF
150.02(29). Variable
cost orders are mandatory
only for shared placement
situations.
5. Variable costs (required only in cases of shared physical placement), which are those reasonable
costs above basic support costs for a minor child, including but not limited to child care
costs, tuition, a child’s special needs, and other activities that involve substantial cost.
a. We agree to consult with each other before incurring any variable costs requiring
reimbursement.
b. Shall be paid as follows: (Payments must be paid directly to the parent and can’t be made through WI SCTF)
1. The wife to pay
% of the variable costs.
2. The husband to pay
% of the variable costs.
c. The request for reimbursement for variable costs shall be made in writing within
days from the day the cost was incurred. Each party shall pay the required
percentage within
days from the date of the request.
6. Deductions for Children as dependents and exemptions for income tax purposes.
Name of Child
Mother
to claim
in all tax
years
Father to
claim in
all tax
years
Mother to claim in
even tax years;
Father to claim in
odd tax years
Father to claim in
even tax years;
Mother to claim in
odd tax years
In 6, enter the name of
each child and then
check the box to indicate
how the deduction will
be distributed.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 8 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 9 of 11
Case No.
___________
7. Any party ordered to pay child support may only claim the minor children as exemptions for
federal and state income tax purposes if he or she is current in payment of child support as
of December 31 of the year in which he or she intends to claim the exemption, pursuant to
DCF 150.02(12).
8. Each party agrees to cooperate in signing IRS Form 8332, or other appropriate state or
federal tax forms, as necessary, in order to carry out the options selected above.
In N, check 1 or 2.
If 2, enter the name of
the company who
holds the policy, the
policy number, and the
name of the party who
the policy currently
insures.
N. LIFE INSURANCE
Each party shall keep in full force and pay the premiums on all life insurance presently held
upon his or her life, naming the minor children of the parties as sole primary beneficiaries in
equal shares, until the youngest of the minor children reaches age of 18 or age 19 if they are
pursuing a high school diploma or its equivalent. If current coverage is lost, the party with the
current life insurance policies shall provide equivalent coverage. Each party agrees to furnish
the other with proof of the named sole primary beneficiary upon request. This provision may
be satisfied in a will or trust.
1.
The parties do not currently have any life insurance policies in force.
2.
The following life insurance policies are currently in full force:
Company Name
Policy Number
Name of Insured
Neither party may borrow against any life insurance policy after the date of this agreement,
nor use it as collateral, without the written consent of the other party.
In O, check 1 or 2.
If 2, attach any
additional agreements.
In P, enter the date by
which you will
exchange financial
information each year.
O. OTHER AGREEMENTS
We understand that any oral agreements are not enforceable by the court.
1.
We have no other agreements, written or oral, concerning this marriage.
2.
We have additional written agreements concerning this marriage, copies of which
are attached.
P. AGREEMENTS and UNDERSTANDINGS
We understand and agree:
We could each get an attorney to review this agreement.
This form was provided as a convenience and may NOT cover all issues.
This agreement may have tax consequences and that seeking tax advice is suggested.
We have each fully disclosed each of our income, debts, assets and liabilities to each
other.
Maintenance is deductible by the payer and taxable to the payee.
Child support is NOT deductible by the payer or taxable to the payee.
The parents agree that these legal custody and physical placement arrangements
are in the best interests of the minor child(ren) at this time.
Any court order regarding child support, legal custody, or physical placement is not
final and may be modified under an appropriate change of circumstances.
We must exchange annual financial information no later than (Date)
each year. A party who fails to furnish the information as required by the court under
this subsection may be proceeded against for contempt of court under ch. 785, Wis.
Stats.
Whenever private, accessible and reasonably-priced health insurance becomes
available to either parent at a reasonable cost, that parent shall enroll the child(ren)
under the plan, unless the child(ren) are already enrolled under another private
health insurance plan or unless the parent's income is below 150% of the federal
poverty level.
Any court order regarding the division of property is final as of the date of the final
hearing and can never be changed.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 9 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 10 of 11
Case No.
___________
There are certain legal presumptions under Wisconsin law, such as:
Marital property should be divided 50/50.
Legal custody of minor children should be granted jointly to both parents.
A child born or conceived during the marriage is presumed to be the husband’s
child.
Q. VOLUNTARY EXECUTION / NATURE OF AGREEMENT
We assume equal responsibility for the entire content of this agreement. We have entered
into this marital settlement agreement freely and voluntarily and not because of any undue
influence. In some instances, the agreement represents a compromise of disputed issues.
We believe the terms to be fair and reasonable under the circumstances.
We acknowledge that there may be substantial legal and tax implications with regard to this
agreement. We understand that lack of knowledge of the law may not be sufficient to
convince the court that relief from these provisions is required. We acknowledge that each
of us has the right to seek the advice of our own personal attorney.
R. MUTUAL / GENERAL RELEASE
We release each other from any claim of any nature that may exist. Neither of us may, at
any time hereafter, sue the other, or our heirs, personal representatives, and assigns, for the
purpose of enforcing any or all of the rights relinquished and/or waived under this
agreement. We agree that in the event any suit shall be commenced, this release, when
pleaded, shall constitute a complete defense to any such claim or suit so instituted by the
other party. We understand that this mutual and general release shall not become effective
until this Marital Settlement Agreement is approved by the court.
S. FULL DISCLOSURE AND RELIANCE
We warrant to each other that there has been an accurate, complete, and current disclosure
of all income, assets, debts, and liabilities. We understand and agree that deliberate failure
to provide complete disclosure constitutes perjury under §767.127, Wis. Stats. and a fraud
upon the court. The property referred to in this agreement represents all the property in
which either party has any interest. This agreement is based on our financial disclosure
statements. We relied on these financial representations when entering into this agreement.
T. RESTRAINING ORDER
We agree to never interfere with the personal liberty of the other, or to go on the premises
occupied by the other as a residence except with permission of that party.
U. EXECUTION OF DOCUMENTS
Now, or in the future, on demand, we agree to execute and deliver any and all documents
that may be necessary to carry out the terms and conditions of this agreement.
V. DIVESTING OF PROPERTY RIGHTS
We give up all rights to the property awarded to the other, except as otherwise provided for
in this agreement.
All property awarded to a party shall be the separate property of that party.
We shall have the right to manage our separate property as if we had never been married.
W. SURVIVAL OF AGREEMENT AFTER JUDGMENT
We agree that the provisions of this agreement shall survive any subsequent judgment of
divorce and shall have independent legal significance. This agreement is a legally binding
contract, entered into for good and valuable consideration. It is contemplated that in the
future either of us may enforce this agreement in this or any other court of competent
jurisdiction.
X. JURISDICTION
This county shall have jurisdiction for all disputes unless otherwise agreed to in writing or as
provided under Wisconsin Statutes.
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 10 of 11
§767.34, Wisconsin Statutes
Marital Settlement Agreement with Minor Children
Page 11 of 11
Case No.
___________
Y. APPROVAL OF COURT REQUIRED
We have read this agreement and agree with its terms. We submit this Marital Settlement
Agreement to the court for approval and request the court to incorporate its terms in the
final judgment. Once approved by the court, we understand that either of us may enforce
this agreement in this or any other court of competent jurisdiction.
Z. WAIVER OF APPEARANCE
We agree that the court may proceed with the final hearing without further notice, and consent
to judgment being entered on the petition, pursuant to the terms of this Marital Settlement
Agreement even if the respondent or one of the joint petitioners does not appear.
The wife must sign and
print her name. Enter the
date on which she signed
her name.
Note: This signature does
not need to be notarized.
►
Wife
Print or Type Name
Date
The husband must sign
and print his name. Enter
the date on which he
signed his name.
Note: This signature does
not need to be notarized.
►
Husband
Print or Type Name
Date
If either party is
receiving public
assistance or there is a
case worker from the
Child Support Agency
assigned to your case,
you must take this
agreement to the Child
Support Agency in your
county for their approval.
State of Wisconsin, Child Support Agency
Approved
Not Approved
Not Required
Authorized Signature
Print or Type Name
Title
If not, mark not required.
Date
If a Guardian ad Litem
has been appointed to
your case, you must take
this agreement to the
GAL for his/her approval.
Guardian ad Litem
Approved
Not Approved
Not Required (no GAL has been appointed)
Authorized Signature
If not, mark not required.
Print or Type Name
Title
Date
Marital Settlement Agreement – with Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 11 of 11
§767.34, Wisconsin Statutes
SCHEDULE A – DIVISION OF OTHER REAL ESTATE
A.
B.
Parcel 2: The parties own other real estate located at:
Address
City
State
Zip
Parcel Identification Number (Tax Key Number)
Attached is a legal description of this property.
1.
This property shall be awarded to the
A.
wife
B.
husband
and that party shall be responsible for outstanding financial obligations, and the other party shall be held
harmless from any liability. Other provisions including refinancing requirements, if any:
See attached
2.
This property shall be placed on the market for sale.
A. Pending sale, the property shall be occupied, used, or managed by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
B. Pending sale, the mortgage, taxes, and insurance shall be paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
C. Pending sale, any necessary repairs, special assessments and other sale-related expenses shall be
paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
The money from the sale of this real estate shall be used to pay the usual costs of a sale and
prorations, and any balance on the existing mortgage. Upon payment of all costs, the proceeds left
from the sale shall be divided between the parties as follow:
a. The wife to receive
%.
b. The husband to receive
%.
Parcel 3: The parties own other real estate located at:
Address
City
State
Zip
Parcel Identification Number (Tax Key Number)
Attached is a legal description of this property.
1.
This property shall be awarded to the
A.
wife
B.
husband
and that party shall be responsible for outstanding financial obligations, and the other party shall be held
harmless from any liability. Other provisions including refinancing requirements, if any:
See attached
2.
This property shall be placed on the market for sale.
A. Pending sale, the property shall be occupied, used, or managed by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
B. Pending sale, the mortgage, taxes, and insurance shall be paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
C. Pending sale, any necessary repairs, special assessments and other sale-related expenses shall be
paid by
1.
wife.
2.
husband.
3.
shared equally.
4.
other:
FA-4150V, 02/10 Marital Settlement Agreement - With Minor Children
§767.34, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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