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STIPULATION OF SETTLEMENT AGREEMENT
STATE OF NEW YORK
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This STIPULATION OF SETTLEMENT AGREEMENT ("Agreement") is made and entered into on this ___ day of _____________, 20___, by and between:
PLAINTIFF: [FULL LEGAL NAME]
Address: [STREET ADDRESS]
[CITY, STATE ZIP]
("Plaintiff")
and
DEFENDANT: [FULL LEGAL NAME]
Address: [STREET ADDRESS]
[CITY, STATE ZIP]
("Defendant")
The Plaintiff and Defendant are collectively referred to as "the Parties."
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RECITALS
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A. The Parties were lawfully married on [DATE OF MARRIAGE] at [CITY], [STATE].
B. The Parties are residents of the State of New York.
C. The Parties have separated and are living separate and apart.
D. The parties desire to settle by agreement all matters relating to the dissolution of their marriage, including property division, maintenance, and support.
E. The Parties represent that they have made full disclosure of all assets and liabilities.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:
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ARTICLE I — SEPARATION
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1.1 Date of Separation. The Parties separated on [DATE] and have lived
separate and apart since that date without cohabitation.
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ARTICLE II — PROPERTY DIVISION
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2.1 Plaintiff's Separate Property. The following property is confirmed as
Plaintiff's separate property, free from any claim by Defendant:
[ ] Real property located at: [ADDRESS]
Legal description: [DESCRIPTION]
[ ] Vehicle: [YEAR/MAKE/MODEL/VIN]
[ ] Bank accounts: [BANK NAME, ACCOUNT TYPE, BALANCE]
[ ] Retirement accounts: [PLAN NAME, VALUE]
[ ] Personal property: [DESCRIBE ITEMS]
[ ] Other: [DESCRIBE]
2.2 Defendant's Separate Property. The following property is confirmed as
Defendant's separate property, free from any claim by Plaintiff:
[ ] Real property located at: [ADDRESS]
[ ] Vehicle: [YEAR/MAKE/MODEL/VIN]
[ ] Bank accounts: [BANK NAME, ACCOUNT TYPE, BALANCE]
[ ] Retirement accounts: [PLAN NAME, VALUE]
[ ] Personal property: [DESCRIBE ITEMS]
[ ] Other: [DESCRIBE]
2.3 Division of Marital Property. The Parties agree to divide their
marital property as follows:
Real Property:
| Property | Address | Awarded To | Buyout |
|---|---|---|---|
| [DESCRIPTION] | [ADDRESS] | [PARTY] | $______ |
Vehicles:
| Vehicle | Year/Make/Model | Awarded To | Buyout |
|---|---|---|---|
| [VEHICLE] | [INFO] | [PARTY] | $______ |
Bank and Investment Accounts:
| Institution | Account Type | Balance | Awarded To |
|---|---|---|---|
| [BANK] | [TYPE] | $______ | [PARTY] |
Retirement Accounts:
| Owner | Plan Name | Value | Awarded To |
|---|---|---|---|
| [PARTY] | [PLAN] | $______ | [PARTY] |
2.4 Equalization Payment. To equalize the division:
[ ] No equalization payment required.
[ ] [PARTY] shall pay $______ to [PARTY] within _______ days.
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ARTICLE III — MARITAL DEBTS
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3.1 Division of Marital Debts. The Parties agree to allocate responsibility
for marital debts as follows:
| Creditor | Purpose | Balance | Responsible Party |
|---|---|---|---|
| [CREDITOR] | [PURPOSE] | $______ | [PARTY] |
| [CREDITOR] | [PURPOSE] | $______ | [PARTY] |
3.2 Indemnification. Each Party agrees to indemnify and hold harmless the
other Party from any liability for debts assigned to them.
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ARTICLE IV — SPOUSAL MAINTENANCE
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4.1 Spousal Maintenance. The Parties agree as follows:
[ ] No Spousal Maintenance. Neither Party shall pay spousal maintenance to
the other. Both Parties waive any claim for maintenance (alimony).
[ ] Spousal Maintenance Payable. [PAYING PARTY] shall pay to
[RECEIVING PARTY] the amount of $______ per month for _______ months.
Payment due date: The ___ day of each month.
Payment method: [ ] Direct payment [ ] Through the Court
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ARTICLE V — NAME CHANGE
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5.1 Restoration of Former Name.
[ ] Plaintiff requests restoration of former name to: [FORMER NAME]
[ ] Defendant requests restoration of former name to: [FORMER NAME]
[ ] Neither Party requests a name change.
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ARTICLE VI — MUTUAL WAIVER AND RELEASE
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6.1 Mutual Release. Except as otherwise provided herein, each Party
releases and forever discharges the other from all claims arising from the
marriage.
6.2 Estate Waiver. Each Party waives any claim to the other's estate.
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ARTICLE VII — GENERAL PROVISIONS
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7.1 Full Disclosure. Each Party represents full disclosure of all assets and
liabilities.
7.2 Voluntary Execution. Each Party acknowledges entering this Agreement
voluntarily without duress.
7.3 Independent Legal Advice. Each Party has had the opportunity to consult
independent legal counsel.
7.4 Integration. This Agreement contains the entire understanding of the
Parties.
7.5 Governing Law. This Agreement shall be governed by New York law.
7.6 Court Incorporation. This Agreement shall be incorporated into the
Judgment of Divorce.
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SIGNATURES
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_________________________________ _________________________
[PLAINTIFF SIGNATURE] Date
[PLAINTIFF FULL NAME, printed]
Address: [ADDRESS]
[CITY, STATE ZIP]
Phone: [PHONE]
Email: [EMAIL]
_________________________________ _________________________
[DEFENDANT SIGNATURE] Date
[DEFENDANT FULL NAME, printed]
Address: [ADDRESS]
[CITY, STATE ZIP]
Phone: [PHONE]
Email: [EMAIL]
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NOTARY ACKNOWLEDGMENT — PLAINTIFF
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STATE OF NEW YORK
) ss.
COUNTY OF ______________
Before me, the undersigned Notary Public, personally appeared [PLAINTIFF NAME],
known to me (or proved on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument, and acknowledged that they executed the same for the
purposes therein stated.
WITNESS my hand and official seal this ___ day of _____________, 20___.
_________________________________
Notary Public
My Commission Expires: _______________
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NOTARY ACKNOWLEDGMENT — DEFENDANT
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STATE OF NEW YORK
) ss.
COUNTY OF ______________
Before me, the undersigned Notary Public, personally appeared [DEFENDANT NAME],
known to me (or proved on the basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument, and acknowledged that they executed the same for the
purposes therein stated.
WITNESS my hand and official seal this ___ day of _____________, 20___.
_________________________________
Notary Public
My Commission Expires: _______________
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COURT APPROVAL
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This Stipulation of Settlement Agreement is hereby approved and incorporated
into the Judgment of Divorce.
______________________________ _________________________
Judge Date
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
Index No.: _______________
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