Divorce Agreement- Children.doc - COMMONWEALTH OF MASSACHUSETTS BRISTOL SS PROBATE FAMILY COURT NO Plaintiff vs DIVORCE AGREEMENT Defendant-AGREEMENT

Divorce Agreement- Children.doc - COMMONWEALTH OF...

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-1- COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. PROBATE & FAMILY COURT NO. , ) Plaintiff ) ) vs. ) DIVORCE AGREEMENT ) , ) Defendant ) -------------------------- AGREEMENT made this ________ day of _________________, 2013, between _____________________, (hereinafter referred to as the WIFE) and ________________, (hereinafter referred to as HUSBAND). WITNESSETH WHEREAS, the WIFE and HUSBAND were married in _____________, Massachusetts, on ____________________, and there have been born to them _________ child/children, namely ______________ (born _____________), and ______________ (born _______________); and WHEREAS, in consequence of disputes and unhappy differences, the parties have heretofore separated on or about _______________ and are now have for some time been living apart; and since this separation, divorce proceedings are to be instituted in the __________________ County Probate Court; and, WHEREAS, the parties desire to settle their property rights and all other matters which should be settled in view of the circumstances of the parties, including but not limited to care,
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-2- support and maintenance for their minor child/children and each other, and a division of their marital assets [and alimony]. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for good and other valuable consideration, the parties hereto agree as follows: 1. From the date hereof, the HUSBAND and WIFE may continue to live separate and apart from one another for the rest of their lives. The parties hereby state and acknowledge that they do not intend to establish a criminally enforceable restraining order pursuant to Massachusetts General Laws, Chapters 208, 209, 209A, 209C or otherwise. 2. (a) The HUSBAND and WIFE each hereby waives any right at law or equity to elect to take against any last will made by the other including all rights of dower or of curtesy, and hereby waives, renounces, and relinquishes unto each other, their respective heirs, executors, administrators, and assigns forever all and every interest of any kind or character which either may now have or may hereafter acquire in or to any real or personal property of the other and whether now owned or hereafter acquired by either. (b) The HUSBAND and WIFE shall each have the right to dispose of his or her property by will or otherwise, in such manner as each may in his or her uncontrolled discretion deem proper, and neither will claim any interest in the estate of the
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-3- other, except to enforce any obligation imposed by this Agreement. 3. Except as may be expressly provided for herein, the HUSBAND and WIFE hereby mutually release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them has ever had, now has, or may hereafter have against the other, upon or by reason of any matter, cause, or thing after the date of this Agreement, including, but not limited to, claims against each other's property, it being the intention of the parties that henceforth there shall exist as between them only such rights and obligations as are specifically provided for in this Agreement and in any decrees entered in the Probate proceedings in accordance with the terms and conditions of this Agreement.
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