Sample Georgia Divorce Settlement Agreement

The View of an Atlanta Divorce Attorney

SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is made in connection with an action for dissolution of marriage and entered into this _______ day of ___________________, 201__, by and between the above named Petitioner (hereinafter referred to as “Wife” and as “Mother”) and Respondent (hereinafter referred to as “Husband”, “Spouse”, and as “Father”), and collectively herein after referred to as the Parties and upon being sworn and under oath agree as follows:
WHEREAS, the Parties were lawfully married to each other on or about ______________________________ __________, ___________________, in ______________________, ______________________, county of ____________________;
WHEREAS, the Parties cohabited as husband and wife until their separation on ____________ ______, _________________ at which time in consequence of certain irreconcilable differences between them they separated;
WHEREAS, the Parties are now living in a bona fide state of separation;
WHEREAS, the Parties acknowledge that irreconcilable differences exist, that the marriage is irretrievably broken, and that the Parties intend to live separate and apart from each other;
WHEREAS, the ___________________ has filed a Complaint For Divorce against the __________________ in the Superior Court of ___________________ County, and this Settlement Agreement is intended to be introduced into evidence in such action and to be incorporated by reference into a Final Judgment and Decree of Divorce entered therein;
WHEREAS, the following Minor Child(ren) have been born or adopted as issue of the marriage between the Wife and the Husband;
Name
Date of Birth
Sex

WHEREAS, no other children were adopted and none are expected by the Parties;
WHEREAS, the Parties wish to settle between themselves, now and forever, their respective rights, duties, and obligations with respect to alimony, custody, child support, equitable division of property, attorney’s fees, and all other claims each may have against the other arising from the marital relationship; and,
WHEREAS, the Husband and Wife have read this Settlement Agreement and each understands its terms and consequences, and each of the parties believes that this Settlement Agreement is fair, just, and reasonable, and in the best interest of the Minor Child or Children of issue of the marriage; and,
WHEREAS, the Plaintiff and Defendant have assented to this Settlement Agreement freely and voluntarily, without coercion or duress;
NOW THEREFORE, in consideration of the mutual covenants, promises and benefits accruing to each of the parties set forth herein; the Parties have agreed and
IT IS AGREED AS FOLLOWS:
ARTICLE I
AGREEMENT TO LIVE SEPARATE AND APART

1.01 The Husband and Wife shall live separate and apart, and each shall be free from the interference, authority and control, either direct or indirect, of the other, except as may expressly be provided in this Settlement Agreement. The Husband and Wife may reside at such place or places as he or she may select and each may, for her or his own separate use and benefit, engage in any employment, business, or profession which he or she may deem available.
ARTICLE II
EQUITABLE DIVISION OF REAL PROPERTY
GENERAL PROVISIONS

2.01 The Parties desire to resolve all issues regarding claims of ownership of real property that was acquired, used or enjoyed by either party during the course of the marriage.
EQUITABLE DIVISION OF REAL PROPERTY
2.01 The Parties own no real property that is subject to equitable division.
2.02 The Parties have identified the following real estate as marital/separate property, as subject to EQUITABLE division or arguably subject to EQUITABLE division and distribution through the court’s jurisdiction over the divorce of the Parties:
• __________________________ (herein after, the Marital Residence)
• __________________________ (herein after, the Vacation Home)
•
(A) The Marital Residence.
2.01 Until the time of the Parties separation the Parties were living together at the Marital Residence.
2.02 The Marital Residence is subject EQUITABLE division and distribution through the court’s jurisdiction over the divorce of the Parties.
2.01 The Marital Residence was purchased in __________________.
2.01 The Marital Residence is identified by the follow legal description: _________________________________________________________________________________________________________________________________________.
2.02 The deed to the home is titled in the name of ________________________ and ___________________________.
2.01 _____________ Bank holds a mortgage on the property.
2.01 Apart from the mortgage there are no other liens or encumerances on the property. (Needs Work).
2.03 The home is unencumbered by any mortgage.
2.05 Apart from the mortgage payment (neighborhood fees) work on this

2.04 The Parties have agreed that upon the execution of this Settlement Agreement the Husband shall assume all rights and responsibilities of ownership of the Marital Residence.
2.05 The Wife shall Quitclaim to the Husband all right, title, claim or interest that she has in said Marital Residence.
2.06 The Husband upon the execution of this Settlement Agreement shall assume permanent and exclusive possession, title and interest in said real property.
2.07 The Husband shall assume sole responsibility for the timely payment of any and all outstanding and future financial obligations associated with the ownership of said real property, including but not limited to, the payment of monthly mortgage payments, property taxes, and homeowners’ association dues.
2.06 The Husband shall assume sole responsibility for the satisfaction of any and all liens and encumbrances on said real property, including but not limited to, tax liens, judgment liens, materialmen s liens or mechanics’ liens.
2.07 The Husband agrees to insulate the Wife from any third party obligations associated with the Parties marital ownership interest in said real property.
2.08 The Husband shall refinance said real property within 180 days of the execution of this Settlement Agreement.

2.01 Contemporaneously with the execution of this Agreement, Wife has by quitclaim deed conveyed her interest in said property to Husband subject to the existing note and deed of trust encumbering the property, the balance of which Husband assumes and agrees to pay. Husband shall indemnify and hold the Wife harmless therefrom.
2.01 Within thirty (30) days of the incorporation of this Settlement Agreement into the Final Judgment and Decree Wife shall quitclaim …….. deed conveyed her interest in said property to Husband subject to the existing note and deed of trust encumbering the property, the balance of which Husband assumes and agrees to pay. Husband shall indemnify and hold the Wife harmless therefrom.

(B) Land Lot.
2.01 The Parties are the owners of a house and lot located at ________________________________________________________________________________________________________________________________.

2.03 The property deed, to the real property located at __________________________ ______________________________________________________________________________________________________________, is in the name of _____________________________.
2.04 There is NOT a mortgage on said property.
ARTICLE III
EQUITABLE DIVISION OF Property: TANGIBLE PERSONAL PROPERTY

3.01 The parties desire to resolve all issues regarding claims of ownership of TANGIBLE PERSONAL PROPERTY that was acquired, used or enjoyed by either party during the course of the marriage through an equitable division of the property described herein.
5.01 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding equitable division of all household goods, personal property, furnishings, and household appliances.
(A) Property Located at Marital Residence.
5.02 Until the date of separation of the parties, the property located at _____________ _______________________________was occupied by the parties as their marital residence. On that date Husband departed the premises and has since resided elsewhere. Following the time of Husband’s departure, the Husband has removed from the marital residence all of the tangible personal property he is to receive. Thus, all of the furniture, appliances and other articles of tangible personal property presently located in and around the marital residence shall be and become the sole and separate property of Wife. The Husband hereby relinquishes any and all claims he may have in and to the same. All of the furniture, appliances and other articles of tangible personal property that were removed from the marital residence by Husband shall be and become the sole and separate property of the Husband. The Wife hereby relinquishes any and all claims she may have in and to the same.
All of the furniture, appliances and other articles of tangible personal property that were not removed from the marital residence by Husband shall be and become the sole and separate property of Wife. The Husband hereby relinquishes any and all claims he may have in and to the same.
5.03 As an equitable division of the personal property of the marriage the Wife shall have as her sole and separate personal property, free and clear of all right, title, claim or interest of Husband, all of the following household goods, personal property, furnishings, and household appliances:
• All the personal property currently held in the residence located at __________________ ___________________________________________ with the exception of the following items identified in paragraph 5.12.
5.12 As an equitable division of the personal property of the marriage the Husband shall have as his sole and separate property, free and clear of all right, title, claim or interest of Wife, all of the following household goods, personal property, furnishings, and household appliances:
• The ____________________________________________________________
• The ____________________________________________________________
ARTICLE III
EQUITABLE DIVISION OF TANGIBLE PERSONAL
Property Located apart from the Marital Residence.

Article IV
Equitable Division of Property: Automobiles owned by the parties

6.01 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding ownership of all motor vehicles.
6.02 The Husband and Wife acknowledge that the following motor vehicle is subject to division as marital property pursuant to the divorce:
• A white in color _____(year) ___________ (make) _____________ (model) with vin number: ______ .
6.03 The Georgia Certificate of Title lists ______ as the owner.
6.03 The Georgia Certificate of Title lists ________ and __________ as joint owners of said vehicle.
6.02 Transfer of the vehicle to the present owner occurred prior to March 1, 2013.
6.07 At the time of the purchase of the vehicle the vehicle was subject to the sales tax, use tax, and annual ad valorem tax.

6.02 Transfer of the vehicle to the present owner occurred on March 1, 2013, or any date thereafter. At the time of the purchase of the vehicle the Title Ad Valorem Tax was paid.

6.03 The vehicle is registered in the name of ________________.
6.04 There is no lien on the title to the vehicle.
6.05 ________________ has a security interest on said vehicle.
6.06 The title to said vehicle is held by the lien holder to wit: _________________________

For satisfaction of the lien, the lien holder requires a monthly car payment in the amount of _______________________ .
6.03 Upon the execution of this Settlement Agreement Wife shall have as her sole and separate property the ________________.
6.04 Immediately upon execution of this settlement agreement that Husband shall transfer to the Wife
6.07 Transfer shall be done prior to the Final Judgment and decree of divorce…..

The vehicle is insured by _____________ insurance company.
6.05 Said vehicle is insured by ______________________, Policy No.__________________. The policyholders for the insured vehicle are _____________________ , ___________________.
6.03 Upon the execution of this Settlement Agreement Wife shall be responsible for satisfaction making a monthly car payment in the amount of ____________________to _____________________ (Bank or Finance Company, etc.) until any and all amounts required by _______________________(Bank or Finance Company, etc.) to satisfy its lien on said vehicle in full have been paid in full.

6.05 From the date of execution of this Settlement Agreement, the Wife __________________ shall be responsible for payment of any and all costs of insuring and maintaining said vehicle.
6.06 in addition to any costs or taxes required to maintain a valid registration for said vehicle.
There is no lienholder on the vehicle.
There is a lienholder on the title of this vehicle.
The lien is held by __________________________________________.
The promissory note monthly payment to which a monthly car payment in the amount of _______________________ is required. This vehicle is insured by ______________________, Policy No.________________________. The policy holders for the insured vehicle are _____________________ , ___________________.
6.07 From the date of the signing of this Settlement Agreement the Wife shall be responsible for making a monthly car payment in the amount of ____________________to _____________________ (Bank or Finance Company, etc.) until any and all amounts required by _______________________(Bank or Finance Company, etc.) to satisfy its lien on said vehicle in full have been paid.
6.08 From the date of execution of this Settlement Agreement, the __________________ shall be responsible for payment of any and all costs of insuring and maintaining said vehicle,
in addition to any costs or taxes required to maintain a valid registration for said vehicle.
6.09 It is the desire of the parties that any transfers necessitated or required under the terms of Section 5 shall be completed within forty-five (45) days after the execution of Final Order and Decree of Divorce. Should any action, signing of paperwork, or other step requiring the participation of the other party be necessary to effectuate the complete transfer of ownership of the vehicles outline above, then the party who has been awarded such vehicle shall notify the other party in writing/by telephone/by e-mail/by text within Fifteen (15) days as to what is required of them. The party receiving such notification shall take all necessary action or steps, including signing of any paperwork, within Fifteen (15) days after receipt of such notification, in order to facilitate the transfer of title, registration, or insurance solely into the name of the party who has been awarded such vehicle.
Enforcement
5.13 Any and all personal property including but not limited to household goods and personal effects awarded to a party under the terms of Section 5 which are presently in the possession of the other party shall be returned to the awarded party within thirty (30) days of the execution of this Settlement Agreement.
ARTICLE III
EQUITABLE DIVISION OF DIVISION OF INTANGIBLE PROPERTY

2.01 The parties desire to resolve all issues regarding claims of ownership of financial accounts, checking accounts, savings accounts, and securities or other financial instruments that were acquired, used or enjoyed by either party during the course of the marriage through equitable distribution of same.
2.02 The parties have identified the following financial accounts or instruments whether separate or marital or separate property THAT are subject to division and distribution through the court’s jurisdiction over the divorce of the parties:
•
•
•
2.03 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding ownership of all financial accounts, financial instruments, and securities held by either party during the course of the marriage.
2.04 The parties have divided between themselves, to their mutual satisfaction, all intangible personal property owned by them individually and jointly, including but not limited to checking and savings accounts, stocks, bonds, mutual funds, IRA’s, interests in pension and profit sharing plans, promissory notes, franchises, partnerships and the like. Hereafter, neither party shall make any claim against the other for any intangible personal property in the name, possession or control of the other.
2.05 Each party agrees to waive any rights or claims to, or interests in, any financial accounts, financial instruments, and securities held in the other party’s name, including but not limited to, checking accounts, savings accounts, money market accounts, and investment accounts.
ARTICLE BB
EQUITABLE DIVISION OF PROPERTY DIVISION OF RETIREMENT ACCOUNTS

4.01 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding ownership of all retirement accounts held by either party during the course of the marriage.
EQUITABLE DIVISION OF PROPERTY: IRA
The parties acknowledge that [PARTY] has an interest in an IRA titled [TITLE] administered by [INSTITUTION NAME], account number [LAST FOUR DIGITS OF ACCOUNT NUMBER] with an approximate market value as of [DATE] of [AMOUNT].
[PARTY] shall receive one-half (50%) of such account, as of the division date.
The division date shall be [DATE OF NEXT ACCOUNT STATEMENT OR OTHER DATE].
The division shall be effected such that [PARTY] opens a new IRA in [PARTY’S] name and receives one-half (50%) of each class of assets held in the account, e.g. stocks, bonds, cash, such that the assets that each party receives are “mirror images” of each other, and have the same tax basis.
The parties shall share in any market experience of the account between the date of their entry into this Agreement and the division date.

[NOTE: Work closely with the QDRO attorney regarding language for different scenarios to ensure that the language accurately expresses the intent of the parties; the above is a basic example. Ensure that, unless it is the intent of the parties, you do not allocate a specific value to one party, e.g. $50,000.00, as the other party will be required to pay such amount regardless of fluctuations in the value of the account due to market conditions; thus, the last paragraph above.] ARTICLE X
EQUITABLE DIVISION OF PROPERTY: 401(K)

15.01 The parties acknowledge that [PARTY] has an interest in a 401(k) titled [TITLE] administered by [INSTITUTION NAME], account number [LAST FOUR DIGITS OF ACCOUNT NUMBER] with an approximate market value as of [DATE] of [AMOUNT].
By Qualified Domestic Relations Order (“QDRO”) to be prepared by [PARTY] at [HIS/HER] expense, [PARTY] shall receive one-half (50%) of such account, as of the division date.
The division date shall be [DATE OF NEXT ACCOUNT STATEMENT OR OTHER DATE].
The division shall be effected such that [PARTY] opens a new 401 (K) in [PARTY’S] name and receives one-half (50%) of each class of assets held in the account, e.g. stocks, bonds, cash, such that the assets that each party receives are “mirror images” of each other, and have the same tax basis.
The parties shall share in any market experience of the account between the date of their entry into this Agreement and the division date.

EQUITABLE DIVISION: PENSION
17.01 The parties acknowledge that [PARTY] holds in his name an interest in [NAME] Defined Benefit Plan (the “Plan”). As equitable division of property, [PARTY] shall receive a [PERCENTAGE] interest in said Plan through a Qualified Domestic Relations Order (QDRO). Within [NUMBER] days following entry of the Final Judgment and Decree, [PARTY] shall prepare such QDRO and submit same to counsel to [PARTY] for review and approval. [PARTY] shall then ensure that the QDRO is executed by the court and submitted to the Plan’s administrator.

[NOTE: Work closely with the QDRO attorney regarding language for different scenarios to ensure that the language accurately expresses the intent of the parties; the above is a very basic example.] 4.02 Each party agrees to waive any rights or claims to, or interests in, the other’s IRA, 401(k), pension, or any and all other retirement accounts or plans.
ARTICE V
EQUITABLE DIVISION OF PROPERTY BUSINESS ASSETS

5.01 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding ownership of all business interests held by either party during the course of the marriage.
ARTICLE VII
EQUITABLE DIVISION OF MARITAL DEBT

6.01 By the execution of this Settlement Agreement, the parties warrant that they have amicably resolved all issues regarding the division of marital debt accumulated by either party during the course of the marriage through an equitable distribution of the same.
A. CREDIT CARD DEBTS
6.01 During the course of the marriage, the parties have accumulated credit card debts. The parties wish to resolve all issues regarding the division of said credit card marital debts as set forth in this Settlement Agreement.
6.02 The Wife acknowledges that she is listed as the individual account holder on the credit cards identified below: (in the attachment to this Settlement Agreement, marked as Exhibit A.)
•
•
•
6.03 The Husband acknowledges that he is listed as the individual account holder on the credit cards identified below: (or in the attachment to this Settlement Agreement, marked as an Exhibit.)
•
•
•
6.04 The Wife shall be solely responsible for the payment as it becomes due and payable of any debt incurred on the credit card accounts where she is listed as an individual account holder.
6.05 The Husband shall be solely responsible for the payment as it becomes due and payable of any debt incurred on the credit card accounts where he is listed as an individual account holder.
6.06 The Parties do not hold any joint credit card accounts.
6.07 The Wife and the Husband shall each be solely responsible for any debts, charges, or bills incurred by either of them individually after the date of signing of this Settlement Agreement.
6.08 The parties specifically agree that upon the date of signing of this Settlement Agreement, any and all credit card(s) in the possession or control of one party for which the other party is individually liable shall be returned to the party with individual liability.
6.09 Nothing in this Settlement Agreement shall prevent either party from keeping or using credit cards for which she or he is solely liable.
6.10 Each party specifically agrees to indemnify and hold harmless the other party from any loss, claim, lawsuit, and/or judgment which the other party might suffer by reason of the responsible party failing to meet his or her obligations as stated herein above. In addition, if any legal action is brought against the Wife or the Husband to recover any of the afore-mentioned debts, each party agrees to pay any and all attorney’s fees and costs of collection which she or he may incur as a result of any such legal action.
B. STUDENT LOANS
6.04 During the course of the marriage, the parties have accumulated student debt. The parties wish to resolve all issues regarding the division of said student debt as set forth in this Settlement Agreement.
6.05 The Husband ….
C. FUTURE DEBTS
6.05 Neither party hereafter shall charge or cause to be charged to or against the other party any purchase which either party may; and neither Husband nor Wife shall create any engagements or obligations in the name of or against the other hereafter nor shall they secure or attempt to secure any credit upon or in connection with the other or in his or her name. Each party shall promptly pay all debts and discharge all financial obligations, to the best of his or her respective ability, which either may incur for himself or herself hereafter; and each shall hold the other free and harmless and shall indemnify and defend the other from any and all subsequent debts, obligations or liabilities which are incurred or sustained individually hereafter.
6.06 Husband agrees to promptly pay, when due, all debts incurred in his name alone and to indemnify and hold Wife harmless therefrom. Wife agrees to promptly pay, when due, all debts incurred in her name alone and to indemnify and hold Husband harmless therefrom.
ARTICLE VII
PROVISIONS REGARDING CHILD CUSTODY

7.01 Each party recognizes the deep love, devotion, and dedication of the other party to the parties’ minor child(ren). Each party also recognizes that the other has a right and responsibility to participate in major matters relating to the education, health, welfare, and upbringing of said child(ren). The parties agree to use their best efforts to cooperate in such matters, and that any rights, duties or responsibilities set forth herein shall not be exercised to frustrate or control the other parent.
7.02 The parties have made provisions for the care and custody of the minor child(ren) of issue of the marriage.
7.03 Pursuant to O.C.G.A. § 19-9-1, and Uniform Superior Court Rule 24.10, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan or written settlement agreement containing such permanent parenting plan. The parties have attached to this Settlement Agreement as Exhibit A, a properly executed Joint Parenting Plan.
7.04 The terms enumerated in said Parenting Plan have been tailored to fit the needs of the parties and their family.
7.04 The terms enumerated in Exhibit A constitute a Parenting Plan as required by O.C.G.A. § 19-9-1, and are intended to be incorporated into this Settlement Agreement and govern the relationship between the parties relating to the decisions to be made regarding the minor child(ren).

PERMANENT PARENTING PLAN
11.01 The Parties have agreed to the terms of this plan and this information has been furnished by both parties to meet the requirements of O.C.G.A. Section 19-9-1. The Parties agree on the terms of the plan and affirm the accuracy of the information provided, as shown by their signatures at the end of this order.
11.01 This Plan is a new plan.

1. Custody and Decision Making:
A. Legal Custody shall be (choose one
[ ] with the Mother [ ] with the Father [ ] Joint
B. Primary Physical Custodian
For each of the children named below the primary physical custodian is:

DOB:

[ ] Mother
[ ] Father
[ ] Joint

DOB:
[ ] Mother
[ ] Father
[ ] Joint

WHERE JOINT PHYSICAL CUSTODY IS PROPOSED BY THE PARENTS OR ORDERED BY THE COURT, A DETAILED PLAN OF THE LIVING ARRANGEMENTS OF THE CHILD(REN) SHALL BE ATTACHED HERETO AND MADE A PART OF THIS PARENTING PLAN.
C. Day-To-Day Decisions
Each parent shall make decisions regarding the day-to-day care of a child while the child is residing with, or in the physical custody of, that parent, including any emergency decisions affecting the health or safety of a child.
D. Major Decisions
Major decisions regarding each child shall be made as follows:
Educational decisions [ ] Mother [ ] Father [ ] Joint
Non-emergency healthcare [ ] Mother [ ] Father [ ] Joint
Religious upbringing [ ] Mother [ ] Father [ ] Joint
Extracurricular activities [ ] Mother [ ] Father [ ] Joint
______________________ [ ] Mother [ ] Father [ ] Joint
______________________ [ ] Mother [ ] Father [ ] Joint
______________________ [ ] Mother [ ] Father [ ] Joint
E. Disagreements

Where parents elect joint decision making in Section 1(D), directly above, please explain how disagreements for final decision-making will be resolved.
[ ] Primary physical custodial parent has final decision making authority.
[ ] The plan detailed below, which must provide a ‘tie breaker’ method so that a final decision will be promptly made.)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

2. Parenting Time/Visitation Schedules

A. Definitions Times for Weekend Weekday Parenting
For the purposes of this parenting plan, the following definitions and times apply:
Weekend: A ‘weekend’ starts at __________ p.m. on (select day)
[ ] Thursday [ ] Friday [ ] Saturday [ ] Other: ______________] and ends at ________ ____.m. on (select day) [ ] Sunday [ ] Monday
[ ] Other: _________________ ].
Weekday: ‘Weekday visitation,’ listed below begins at _______ p.m. and ends:
[ ] at ___________ p.m.; or
[ ] at the designated time when the child(ren) is/are to be returned to school or day care on the next morning; or
[ ] Other:________________________________________________
_________________________________________________________.
This parenting schedule begins:
[ ] _________________ [ ] date of Court’s Order (day and time)

11.09 During the term of this parenting plan the non-custodial parent shall have at a minimum the following rights of parenting time/visitation (choose applicable items):
[ ] The first and third weekend of each month.
[ ] The first, third, and alternate fifth weekend of each month.
[ ] The second and fourth weekend of each month.
[ ] The second, fourth and alternative fifth weekend of each month.
[ ] Every other weekend starting on ________________________________.
[ ] Weekday parenting time/ visitation on (choose an item):
[ ] None.
[ ] Every _________________ (insert day of week) evening.
[ ] Every other __________ (insert day of week) evening during the week before a non-visitation weekend.
[ ] Every _________ (insert day of week) and ________ (insert day of week) evening.
[ ] Other: __________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
11.12 In the event any parenting time set forth hereinabove is denied the Non-Primary Physical Custodial Parent (NPPCP) because of any unforeseen emergency or illness, the Primary Physical Custodial Parent (PPCP) shall promptly notify NPPCP and the parents shall, at that time, agree to an alternate time for make up time with the child(ren) so as to insure that NPPCP’s total number of days with the child(ren) shall not be decreased. In the event the parents cannot agree at that time as to the appropriate make-up time, then the NPPCP’s default make-up time shall be the very next ‘non-holiday’ weekend/weekday thereafter.
B. Major Holidays and Vacation Periods
The Parties anticipate that the Minor Child or Children identified in this Settlement Agreement will attend a school located in school district of the custodial parent. The Custodial Parent resides in the Fulton County School District. The parents shall follow the annual Fulton County Public School calendar in matters related to planning Holiday and Visitation parenting time. The Parties recognize that certain religious holidays, family birthdays and other special occasions of significance may not be contemplated by the published school calendar. Unless otherwise specifically indicated herein, the parents shall follow the annual Fulton County Public School calendar.
The same schedule applies to pre-school age children.

The 2013-14 school year calendar for Fulton County Schools is provided below.

August 12 .First Day of School
September 2 .Labor Day (schools closed)
October 14 Teacher/Student Holiday (schools closed)
October 15 Teacher Workday (students off)
November 25-29 . Thanksgiving Holidays (schools closed)
December 20 Last Day of First Semester
December 23-31, January 1-3 ..Winter Break (schools closed)
January 6 Teacher Workday (students off)
Second Semester January 7 ..First Day of Second Semester
January 20 ..Martin Luther King Jr. Holiday (schools closed)
February 14 ..Teacher/Student Holiday (schools closed)
February 17 .Presidents Day (schools closed)
March 14 Teacher Workday (students off)
April 7-11 .Spring Break
May 23 .. Last Day of School
May 26 .Memorial Day (schools closed)

First Day of School
Regardless of the Weekend schedule the Minor Child or Children shall be with the Custodial Parent no less than 48 hours before the start of the First Day of School.
Labor Day
The Parent who has scheduled Weekend Visitation with the Minor Child or Children on the weekend immediately preceding Labor Day shall be allowed to have said visitation period extended through Labor Day. The Minor Child if in the care of the Non-custodial Parent shall be returned to the Custodial Parent by 7:30 P.M. on the day of Labor Day.
Thanksgiving Holidays
The Thanksgiving Holiday will not interfere with the exercise of Weekend Visitation.
In odd numbered years the Mother shall have visitation with the Minor Child or Children from the Monday before Thanksgiving day until the Friday following Thanksgiving Day. If the Friday following Thanksgiving is not a period of Weekend Visitation for the Father the Child or Children shall remain with Mother through the end of the Thanksgiving Holiday.
In Even numbered years the Father shall have visitation with the Minor Child or Children from the Monday before Thanksgiving day until the Friday following Thanksgiving Day. If the Friday following Thanksgiving is a period of Weekend Visitation for the Father the Child or Children shall be allowed to remain with Father through the end of the Thanksgiving Holiday and shall be returned to the Mother on the Sunday following Thanksgiving before 4:30 PM.
The Party exercising Thanksgiving Visitation shall be responsible for transporting the Minor Child or Children from the residence of the Parent who is eligible to exercise Weekend Visitation on the Weekend prior to the Thanksgiving Holiday.
The Party exercising Thanksgiving Visitation shall be responsible for transporting the Minor Child or Children to the residence of the Parent who is eligible to exercise weekend visitation on the weekend following the Thanksgiving Holiday.

Winter Vacation
Winter Vacation begins when school is dismissed on the Last Day of First Semester and extends up to and includes the day before school resumes for the Second Semester.

First period: The [ ] mother [ ] father shall have the child(ren) for the first period from the day and time school is dismissed until December ________ at __________ ____.m. in [ ] odd numbered years [ ] even numbered years [ ] every year.
Second period: The other parent will have the child(ren) for the second
period from the day and time indicated above until ______ ___.m. on the evening before school resumes. Unless otherwise indicated, the parties shall alternate the first and second periods each year.
Other agreement of the parents: ______________________________
_________________________________________________________
_________________________________________________________.

Summer Vacation (Define summer vacation period)
[ ] Weeks during the months of June, July and August from when the traditional school ends until the beginning of the traditional school year.
Each parent has the right to have sole and exclusive summer vacation time with the child(ren) which supersedes other weekend and other visitations.
[ ] The Mother shall have summer vacation with the child(ren) each year from the [ ] first [ ] second [ ] third [ ] fourth _______________ (insert day of week) of ______________ (month) until the [ ] first [ ] second [ ]third [ ]fourth _______________ (insert day of week) of ______________ (month) for a total of _______ weeks.

[ ] The Father shall have summer vacation with the child(ren) each year from the [ ] first [ ] second [ ] third [ ] fourth _______________ (insert day of week) of ______________ (month) until the [ ] first [ ] second [ ] third [ ] fourth _______________ (insert day of week) of ______________ (month) for a total of _______ weeks.

Summer Vacation Period Chosen Annually

[ ] The plan incorporates the duty to give advance notices, effect of failure to give timely notice and summer vacation times periods to be chosen on a year to year basis.
Mother Father

Advance notice shall be
given no later than: By April ____. By April_____.

(Intent of this advance notice provision requires that the parents coordinate their respective vacation plans and any summer camp for any child.)

Failure to give notice: Then Father has He must give 14
first priority to select. days notice and is his weeks subject to Mother s camp/vacation plans already made.

Amount of time A period(s) of A period(s) of
shall be inclusive
of week-ends times ______ weeks. ______ weeks.
with that parent and
shall be consecutive.

In no event will the non-primary custodial parent s time with each child be within the first seven (7) days after the academic school year ends or within seven (7) days before the academic school year begins.

[ ] Other: The regular day to day schedule shall apply unless other arrangements are set forth below: (if applicable) _____________________________________________________ _____________________________________________________
beginning _____________________.

Spring Vacation (if applicable)
[ ] Consecutive days during the month(s) of March or April when the traditional school year calendar has a one week holiday period. (May include and supersede Easter Sunday in certain years.)
[ ] Other definition: _______________________________________
_____________________________________________________

[ ] The Mother shall have Spring Vacation with the child(ren)
[ ] odd [ ] even numbered years from ______ ___.m. on the day the child(ren) is/are released from school until ______ ___.m. on the day before the child(ren) is/are to return to school.
[ ] The Father shall have Spring Vacation with the child(ren) [ ] odd [ ] even numbered years from ______ ___.m. on the day the child(ren) is/are released from school until ______ ___.m. on the day before the child(ren) is/are to return to school.
[ ] The day to day schedule shall apply unless other arrangements are set forth: : (if applicable) _____________________________________________________ _____________________________________________________
beginning _____________________.

Fall Vacation (if applicable)
Define:____________________________________________________.
[ ] The day to day schedule shall apply unless other arrangements are set forth: (if applicable) _____________________________________________________ _____________________________________________________
beginning _____________________.

C. Other Holiday Schedule (if applicable)
Indicate if child(ren) will be with the parent in ODD or EVEN numbered years or indicate EVERY year. Holiday weekends begin at _____ p.m. on the Friday before the holiday and end at _____ p.m. on the holiday, unless otherwise specified. Holiday weekends supersede normal weekend parenting times but holidays are superseded by spring/summer vacation as may be applicable in a given year.
Mother Father
Martin Luther King holiday weekend ________________ ________________
President’s Day ________________ ________________
Easter weekend ________________ ________________
Memorial Day holiday weekend ________________ ________________
Mother’s Day weekend ________________ ________________
Father’s Day weekend ________________ ________________
4th of July holiday ________________ ________________ (from _______ _ m. on
July ___ and ending at
_______ _ m. on July
____. Summer vacation
supersedes.)
Labor Day holiday weekend ________________ ________________
Halloween evening ________________ ________________
(____p.m. until ____p.m.)
Child’s birthday ________________ ________________
_____ _ m until ______ p.m.
Mother’s birthday ________________ ________________
_____ _ m until ______ p.m.
Father’s birthday ________________ ________________
_____ _ m until ______ p.m.
Other holidays/religious days
___________________________ ________________ ________________
___________________________ ________________ ________________
___________________________ ________________ ________________
D. Other extended periods of time during school, etc. (refer to the school schedule, if applicable.)
________________________________________________________________
________________________________________________________________
________________________________________________________________
E. Start and end dates for holiday visitation
For the purposes of this parenting plan, the holiday will start and end as follows:
Holidays that fall on Friday include the following Saturday and Sunday.
Holidays that fall on Monday include the preceding Saturday and Sunday.
[ ] Other: _______________________________________________________

F. Coordination of Parenting Schedules

Check as applicable, if any:

The holiday parenting time/visitation schedule takes precedence over the regular parenting time/visitation schedule unless otherwise indicated below.
The spring/summer parenting time/visitation schedule takes precedence over the regular parenting time/visitation and holiday parenting time/visitation schedule unless otherwise indicated below.
For Plans Including Extended Summer Parenting Time
[ ] When the child(ren) is/are with a parent for an extended parenting time/visitation period (such as more than customary vacation time during the summer), the other parent shall be entitled to visit with the child(ren) during this extended period, which is defined as a period of more than _____________ weeks (normally a period equaling or exceeding 4 weeks). In such event, then as follows:
[ ] Weekend visitation on the same rotating schedule as this parent would typically have during the school year when the child(ren) reside with that parent.
[ ] Other: __________________________________________________
________________________________________________________
________________________________________________________

G. Transportation of Children Personal Effects
For visitation, the exchange of the child(ren) shall take place as follows, unless prior arrangements have been made and agreed to by both parents at the residence of
[ ] Mother [ ] Father [ ] Other _______________________________________.
The [ ] Mother [ ] Father shall be responsible for transportation of the child(ren) for all visitation periods.
OR
The [ ] Mother [ ] Father will be responsible for transportation of the child at the beginning of visitation.
The [ ] Mother [ ] Father will be responsible for transportation of the child at the conclusion of visitation.
Transportation costs, if any, will be allocated as follows:
[ ] Parent responsible for transportation of the child(ren) incurs the costs.
[ ] Other provisions: __________________________________________

Each parent shall take such reasonable and necessary steps to insure that the child(ren) is/are ready to be promptly transported at the designated time.

Each parent shall return all the child s clothes and personal effects delivered to them by the other parent when the child(ren) is/are exchanged for visitation purposes.

[ ] Each parent may designate, from time to time hereafter, a responsible adult to assist them in transporting the children. [ ] Each parent acknowledges that as each child gets older each child will become more involved in school activities and other extra-curricular activities. In the event a child has any scheduled school or extra-curricular activities on a week- night or week-end when the non-custodial parent has parenting time the non- custodial parent shall use his/her best efforts to handle each child s transportation to and from these activities. The primary physical custodial parent furthermore shall use his/her best reasonable efforts to avoid scheduling such events on the time periods scheduled for the non-custodial parent, unless he/she has attempted to reasonably confer with the non-custodial parent. The non-custodial parent s consent to such activities shall not be unreasonably withheld.

H. Contacting the child
When the child(ren) is/are are in the physical custody of one parent, the other parent has the right to contact the child(ren) as follows:
[ ] Reasonable telephone access.
[ ] Reasonable text message or email provided the child has proper access to receive such communication.
[ ] By cell phone provided to the child(ren) at the sole expense of the parent requesting to utilize this provision, the [ ] Mother [ ] Father.
[ ] Other:_____________________________________________________
The purpose of this provision is to maintain reasonable contact with the child(ren) and shall not be used to harass, annoy, interfere or unreasonably pry into the personal life of the other parent. Each parent shall maintain a working telephone.
[ ] Other Limitations on contact, if any: ___________________________
_________________________________________________________
I. Supervision of Parenting Time (if applicable)
[ ] Check here if Applicable
Supervised parenting time shall apply during the day-to-day schedule as follows:
Place: _______________________________________________________
Person/Organization supervising: _________________________________
Responsibility for cost immediate payment: [ ] Mother [ ] Father [ ] Joint.

J. Communication Notice Concerning Parenting Times Check applicable.
General
Unless otherwise modified below, each parent shall promptly notify the other parent of a change of address, phone number or cell phone number. A parent changing residence must give at least 30 days advance notice of the change and provide the full address of the new residence and phone number.
[ ] Neither parent shall disparage the other parent in the presence of the minor child(ren).
[ ] Neither parent shall place the child(ren) in the position of relaying messages or communications between the parents. The parents shall communicate between themselves and not through the child(ren). Both parents acknowledge and agree that having the child(ren) act as the messenger between them is unfairly and unnecessarily stressful to the child(ren).
[ ] Due to prior acts of family violence, the address of the child(ren) and victim of family violence shall be kept confidential. The protected parent shall promptly notify the other parent, through a third party, of any change in contact information necessary to conduct visitation. No further communication is required.
‘Not’ Exercising Parenting Times
Unless otherwise modified herein, it is presumed the non-custodial parent will exercise all available parenting times set forth in this Order. However, if the non-custodial parent is NOT going to exercise a specific parenting time, or NOT going to exercise parenting time for a specified period of time, then the non-custodial parent shall give notice to the primary custodial parent by phone, text message or email of his/her intent to NOT exercise parenting times as follows:
Weekend weekday – at least 72 hours advance notice;
Other holiday(s) dates, Thanksgiving, Winter Spring vacation(s) at least 7 days advance notice;
Summer vacation – at least 4 weeks notice;
No parenting time for a specified period, i.e., weeks, months, etc., -immediate notice.
[ ] Other: (if applicable) _________________________________________
_______________________________________________________________
3. Access to Records and Information
Rights of the Parents
Absent agreement to limitations or court ordered limitations, pursuant to O.C.G.A. § 19-9-1 (b) (1) (D), both parents are entitled to access to all of the child(ren)’s records and information, including, but not limited to, education, health, extracurricular activities, and religious communications. Designation as a non-custodial parent does not affect a parent’s right to equal access to these records.
[ ] Limitations on access rights: (if any) __________________________________
____________________________________________________________________
____________________________________________________________________
Other Information Sharing Provisions: (if any) ________________________________________________________________________________________________________________________________________
4. Modification of Plan or Disagreements
Parties may, by mutual agreement, vary the parenting time/visitation; however, such agreement shall not be a binding court order.
Custody and child support may ONLY be lawfully modified by court order.
Should the parents disagree about this parenting plan or wish to modify it, they must make a reasonable good faith effort to resolve the issue between them.
5. Special Considerations
Please attach an addendum detailing any special circumstances of which the Court should be aware (e.g., health issues, educational issues, etc.)
___________________________________________________________________
___________________________________________________________________
6. Parents’ Consent
Please review the following and initial:
We recognize that a close and continuing parent-child relationship and continuity in the child’s life is in the child’s best interest.
Mother’s Initials: ___________ Father’s Initials: ____________
We recognize that our child’s needs will change and grow as the child matures; we have made a good faith effort to take these changing needs into account so that the need for future modifications to the parenting plan are minimized.
Mother’s Initials: ____________ Father’s Initials: ____________
We recognize that the parent with physical custody will make the day-to-day decisions and emergency decisions while the child is residing with such parent.
Mother’s Initials: __________ Father’s Initials: _____________

We knowingly and voluntarily agree on the terms of this Parenting Plan. Each of us affirms that the information we have provided in this Plan is true and correct.

______________________________ _______________________________
Father’s Signature Mother’s Signature
ORDER
The Court has reviewed the foregoing Parenting Plan, and it is hereby made the order of this Court. Each party is ORDERED and directed to comply with the terms and provisions set forth herein. HEREIN FAIL NOT. SO ORDERED, this

_______ day of _____________________________, 20 _____ .

__________________________________
JUDGE, GWINNETT SUPERIOR COURT

ARTICLE VIII
CHILD SUPPORT

8.01 The amount of child support owed by each parent has been calculated in accordance with the terms of O.C.G.A. § 19-6-15. The parties have agreed to the child support provisions herein based upon financial information each has exchanged sufficient to meet the requirements of O.C.G.A. § 19-6-15. By their signatures below on this Settlement Agreement, the parties affirm the accuracy of the financial information each has provided to the other. The Husband’s gross income per month is ________________; the Wife’s gross income per month is _________________. This Settlement Agreement determines Father’s child support obligation is $___________ per month for the minor child(ren) of the parties.
The parties have attached hereto as Exhibit D a Consent Child Support Worksheet and expressly incorporate same herein.
ARTICLE IX
HEALTH INSURANCE AND OTHER HEALTH CARE
EXPENSES FOR THE CHILDREN

9.01 This issue is addressed in Exhibit ___, Consent Child Support Worksheet, attached hereto and expressly incorporated into and made a part of this Settlement Agreement as if fully set forth here.
ARTICLE X
LIFE INSURANCE FOR THE BENEFIT OF THE CHILDREN

10.01 The child(ren) depend on the Husband/Wife for financial support, and therefore a. The Husband agrees to maintain a policy of insurance on his/her life, with a face amount of at least Twenty Five Thousand Dollars ($25,000.00) for the benefit of the minor child(ren). The policy shall be maintained for so long as at least one of the children is a minor or is otherwise entitled to support under Article VIII of this Settlement Agreement.
b. The Wife agrees to maintain a policy of insurance on his/her life, with a face amount of at least twenty Five Thousand Dollars ($25,000.00) for the benefit of the minor child(ren). The policy shall be maintained for so long as at least one of the children is a minor or is otherwise entitled to support under Article VIII of this Settlement Agreement.
ARTICLE XI
EDUCATION OF MINOR CHILD

11.01 The Husband will establish a Qualified Tuition Program, more commonly referred to as 529 Plan, with ________________________ as the designated beneficiary. Contribution by each party to his or her respective 529 Plan will continue until the minor child reaches 18 years of age.
11.02 The Husband will contribute $75.00 dollars per month to the Qualified Tuition Program established by him for the benefit of __________________________. Contribution to the Plan will commence within six (6) months of the execution of this Settlement Agreement.
11.04 The funds contributed to the 529 Plan shall remain in the control of the party who opened the 529 college savings Plan.
11.05 The funds contributed to the Qualified Tuition Program shall be used to pay for the qualified higher-education expenses of the beneficiary, such as tuition, fees, books, as well as room and board at colleges, universities and vocational schools. Any other expenses associated with enrollment in a qualifying institution, including but not limited to, the costs of computers and certain computer technology, if determined as qualifying expenses pursuant to the Plan, shall be paid by the funds allocated to the Plan.
11.06 Funds from the Plans shall be released on behalf of the beneficiary and paid to the qualifying institution or for the qualified expense when the qualified higher-educational expenses are incurred.
11.07 Should the intended beneficiary fail to attend a qualified university or vocational school before her 25th birthday, the Plan holder may elect to assign the Plan to another designated beneficiary. In addition, each Plan holder shall also have the right to withdraw any funds contributed to his or her respective 529 Plan for his or her individual use.
11.08 Both the Husband and the Wife shall each provide a copy of the account statement from his or her 529 Plan to the other party on an annual basis.
11.09 The Wife will establish a Qualified Tuition Program, more commonly referred to as 529 Plan, with ________________________ as the designated beneficiary. Contribution by each party to his or her respective 529 Plan will continue until the minor child reaches 18 years of age.
11.10 The Wife will contribute $75.00 dollars per month to the Qualified Tuition Program established by him for the benefit of __________________________. Contribution to the Plan will commence within six (6) months of the execution of this Settlement Agreement.
11.11 The funds contributed to the 529 Plan shall remain in the control of the party who opened the 529 college savings Plan.
11.12 The funds contributed to the Qualified Tuition Program shall be used to pay for the qualified higher-education expenses of the beneficiary, such as tuition, fees, books, as well as room and board at colleges, universities and vocational schools. Any other expenses associated with enrollment in a qualifying institution, including but not limited to, the costs of computers and certain computer technology, if determined as qualifying expenses pursuant to the Plan, shall be paid by the funds allocated to the Plan.
11.13 Funds from the Plans shall be released on behalf of the beneficiary and paid to the qualifying institution or for the qualified expense when the qualified higher-educational expenses are incurred.
11.14 Should the intended beneficiary fail to attend a qualified university or vocational school before her 25th birthday, the Plan holder may elect to assign the Plan to another designated beneficiary. In addition, each Plan holder shall also have the right to withdraw any funds contributed to his or her respective 529 Plan for his or her individual use.
11.15 Both the Husband and the Wife shall each provide a copy of the account statement from his or her 529 Plan to the other party on an annual basis.
ARTICLE XII
TAXES

12.01 The Husband and the Wife shall file separate federal and state tax returns for the 2014 income tax year, and shall continue to file separate returns thereafter. Any income taxes filed separately will be solely the responsibility of each filing party; if any claims are made against either party by the Internal Revenue Service, each party agrees to indemnify and hold the other party harmless from same.
12.02 The Wife agrees to indemnify the Husband and shall hold him harmless from any assessment, penalty, fine, or underpayment of federal or state income taxes owed for any taxable year during which the parties filed a joint return, if it is determined that the Wife underreported her income.
12.03 The Husband agrees to indemnify the Wife and shall hold her harmless from any assessment, penalty, fine, or underpayment of federal or state income taxes owed for any taxable year during which the parties filed a joint return, if it is determined that the Husband underreported his income.
ARTICLE XII
ADVICE OF COUNSEL: TAXES

13.01 The parties acknowledge that federal, state and local tax laws may affect the dissolution of marriage and the taxes associated with the division of property, alimony, etc. The attorneys for the parties do not hold themselves out as being experts in tax-related matters and have, therefore, recommended prior to the execution of this Settlement Agreement that the parties consult with tax specialists regarding the potential tax consequences of this Agreement. By execution hereof, the parties hereby acknowledge such recommendation and confirm that they had the opportunity to seek and obtain advice with regard to such tax matters, and each party is satisfied with the tax consequences that may affect him or her by the execution of this Agreement.
Both parties jointly and severally hereby specifically release the Wife s attorney from any and all responsibility for any tax consequences which they have incurred or may incur in the future as a result of the terms of this Settlement Agreement.
Both parties jointly and severally hereby specifically release the Wife s attorney from any and all responsibility for any tax consequences which they have incurred or may incur in the future as a result of the terms of this Settlement Agreement.
16.06 Both parties agree that the Husband’s/Wife’s attorney has not afforded them any tax advice. The Husband’s/Wife’s attorney does not possess expertise in tax law; the parties each have been informed that prior to signing this document, they should exercise the opportunity to seek independent tax advice from a tax lawyer, certified public accountant, or other individual with special expertise in taxation, if they have any questions regarding liability for taxes as a result of the provisions of this Settlement Agreement. Both parties hereby specifically release the Husband’s/Wife s attorney from any and all responsibility for any tax consequences which they have incurred or may incur in the future as a result of the terms of this Settlement Agreement.
ARTICLE XIII
ALIMONY

13.01 Neither party shall be obligated to pay nor shall receive any spousal alimony from the other, either now or in the future, and each party waives any claim for alimony he or she may have now or in the future against the other. OR
13.02 The Husband and Wife, by their agreement, waive any and all future rights to seek a statutory modification of alimony pursuant to O. C. G. A. § 19–6–19, and any and all future laws regarding alimony modification as may be enacted in this or any other state. Both parties, by signing this Settlement Agreement, intend this to be a knowing and express waiver of their statutory rights to modify alimony and specifically rely on the case of Varn v. Varn, 242 Ga. 309.
ARTICLE XIV
BINDING AGREEMENT

14.01 The terms and provisions of this Agreement are binding upon the heirs, successors, assigns, and other representatives of the parties hereto.
ARTICLE XIV
ATTORNEY’S FEES

14.01 The Husband and the Wife agree that each, respectively, is responsible for the payment of any and all attorney’s fees and expenses of litigation incurred by her or him in connection with the preparation of this Settlement Agreement and any action for divorce, which is now pending or may be filed by either party. Each party hereby waives any and all claims she or he may have against the other for the payment of any such attorney’s fees and expenses of litigation.
ARTICLE XV
COMPLIANCE

15.01 Each party shall, upon reasonable notice and request from the other party, execute and deliver to the other party any and all necessary documents that may be reasonably required to accomplish the intention of any paragraph of this Settlement Agreement. Furthermore, each party shall do all other things necessary to accomplish the spirit and the purpose of this Settlement Agreement.
15.02 If either party shall fail to comply with any provisions of this Article relating to the Execution of Documents, then the party failing to comply as aforesaid constitutes and appoints the other party as his or her true and lawful attorney-in-fact. Such designation would grant the other party power of attorney in his or her name, place and stead, to do any and all acts which could be done if the other party were personally present, including to execute any documents required under this Settlement Agreement.
15.03 Notwithstanding the terms of the previous paragraph, each party shall have the right to enforce the provisions of the within and foregoing Settlement Agreement by specific performance or such other remedy as is available to that party in equity or in law.
ARTICLE XVI
MISCELLANEOUS PROVISIONS

16.01 The parties acknowledge that the equitable division of marital property and the payment of marital and joint debts, as provided for in this Settlement Agreement, shall not be deductible or taxable for income tax purposes. Each party also acknowledges that, but for the payments provided here, the other party’s financial independence would be impaired. Therefore, it is the parties’ intention that if either party ever seeks bankruptcy protection, the amounts payable under this Settlement Agreement shall not be dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5), as the payments are in the nature of spousal or child support and maintenance.
ARTICLE XVI
RELEASE AND WAIVER
16.02 Except as otherwise hereinabove provided, each of the parties shall hereinafter own, have, and enjoy, independently of any claim or right of the other party, all items of real and personal property, tangible and intangible, now or hereafter belonging to her or him and now hereafter in her or his name, with full power to dispose of the same as fully and effectually as though she or he were unmarried. The parties do further mutually agree that such division set forth with respect to specific items of real and personal property is fair, equitable, and final as between them, and that all items of personal property not hereinabove specifically mentioned have been divided to their mutual satisfaction and are in the possession of the party to whom they belong.
16.03 Except as otherwise provided herein, the parties do mutually remise, 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 each of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause, or thing, up to the date of execution of this Settlement Agreement.
ARTICLE XVI
UNDERSTANDING OF THE PARTIES

17.01 In the event any section or sections of this Agreement shall be declared invalid or void by any court, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.
16.08 If any provision or provisions of this Settlement Agreement is or are held to be invalid, void or unenforceable, all other provisions are, nevertheless, continued in full force and effect.
16.09 Both the Husband and the Wife acknowledge that discovery methods, including but not limited to, Interrogatories, Depositions, Notices to Produce, Requests for Admissions, and other procedures available under Georgia law have been fully explained to them. The parties understand they are entitled under the Georgia Civil Practice Act to conduct formal discovery, allowing each party an investigation and analysis of the assets and liabilities and income of the other party. The parties acknowledge that their respective rights to pursue any and all of these discovery procedures have been fully explained to them, and further acknowledge and understand that any such discovery procedures have not been completed.
16.10 The parties knowingly and voluntarily wish to forego and waive their respective rights to discovery and to proceed with this compromise and settlement of the issues which have arisen in their marriage and in this action for divorce, on the basis of information acquired informally between them, all in an effort to bring the matter to an expeditious conclusion and to reduce future expenditures for attorney’s fees and other expenses of litigation.
16.11 By the execution of this Settlement Agreement, the parties are presenting this Agreement to the court as a complete and full compromise of their respective claims in this action for divorce, and each of the parties herewith waive and abandon their respective rights to further discovery.
16.12 This Settlement Agreement constitutes the entire Agreement between the parties and supersedes any and all agreements previously made by and between them. No representations or warranties have been made by either party to the other, except for those representations and warranties expressly set forth herein.
17.07 Both parties represent that they have fully disclosed to one another, during the course of these proceedings, any and all property that he or she has any interest in or claims any right or interest therein and acknowledges that the other party making this settlement and accepting the sums that are contained herein has exclusively relied upon the representations made by the other, all of which both parties covenant to be true, accurate, and complete.
16.13 This Settlement Agreement shall be offered in evidence at any hearing or trial in connection with the Husband’s/Wife s Complaint for Divorce and it shall be incorporated in form and in substance into any Final Judgment or Decree of Divorce rendered by the trial court. Notwithstanding any such incorporation, this Settlement Agreement shall not be merged into such Final Judgment or Decree, but shall in all respects survive the same and be forever binding and conclusive upon the Husband and Wife, and enforceable independently of such Final Judgment or Decree.
16.14 A Modification or Waiver of this Settlement Agreement or any provision thereof shall not be effective for any purpose, unless the same is made in writing and executed with the same formality as this Settlement Agreement.
16.15 The failure of either the Husband or Wife to insist upon strict performance of any provision of this Settlement Agreement shall not be construed to be a waiver of any subsequent default or performance of the same or similar nature.
16.16 The provisions of this Settlement Agreement are intended and accepted by the Husband and Wife as a full and final settlement of any and all rights or obligations either may have from or to the other, arising out of or in any way incidental to their marriage to each other. The Husband and Wife acknowledge that each has read the provisions of this Settlement Agreement and had the opportunity to review the same and obtain advice of counsel of her or his own choosing. The parties further acknowledge that each is satisfied with the provisions of this Settlement Agreement and enters into same voluntarily and without duress.
16.17 This Settlement Agreement shall become fully effective and binding on the date first written below, which shall henceforth be known as the “date of execution of this Agreement.”
ARTICLE XVI
UNDERSTANDING OF AGREEMENT
The parties acknowledge that they are entering into this Agreement freely and voluntarily, that they have read each page of the Agreement carefully before signing same, that they have ascertained and weighed all the facts and circumstances likely to influence their judgment herein, that they have sought and obtained, or had the opportunity to seek and obtain, legal advice independently of each other. The parties acknowledge each to the other that each is mentally competent and is not suffering under any disabilities that may tend to violate any portion of this Agreement, now or in the future.
ARTICLE XVI
ADVICE OF COUNSEL
The parties acknowledge that they each obtained counsel and legal advice independently of the other, for [PARTY], the law firm* of Law Offices of Martin M. del Mazo, and for [PARTY], the law firm of [FIRM NAME]; that they have been duly apprised of their respective legal rights; that all the provisions hereof, as well as all questions pertaining thereto, have been fully and satisfactorily explained to them; that they have given due consideration to such provisions and questions; and that they clearly understand and assent to all the provisions hereof.
16.04 Each of the parties acknowledges that the provisions made herein for her or his support or maintenance, and any division or disposition of the parties’ property is fair, adequate, reasonable, and satisfactory to each party. Accordingly, each party accepts the same in lieu of and in full and final settlement and satisfaction of any and all claims or rights that either party may now have or hereafter have, against the other party for her or his support, maintenance, or property settlement.
16.05 The Husband/Wife acknowledges that this Settlement Agreement was prepared by Martin M. del Mazo, the Husband’s/Wife’s attorney, and that said attorney represents the interests of the Husband/Wife only. The Husband/Wife further acknowledges that the Husband’s/Wife’s attorney did not in any manner advise nor represent the interests of the Husband/Wife, who freely elected to proceed without legal representation in connection with this Settlement Agreement and this action for divorce. The Husband/Wife “had ample opportunity to seek legal counsel and the WIFE/HUSBAND has be apprised of his/her right to do so and chose not to engage their own attorney.”] This Agreement is the joint product of both parties, and should the issue of interpretation of its terms be brought before the court or other authority, it shall not be construed favorably or unfavorably as to either party Agreement.
16.07 This Settlement Agreement shall be construed and governed in accordance with the laws of the State of Georgia.
9.
RESERVATION AND MODIFICATION
Except as specifically provided herein, no modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both of the parties.
10.
GEORGIA LAW
This Agreement and the application and interpretation thereof shall be governed exclusively by the laws of the State of Georgia.
11.
PERFORMANCE
Both parties hereto shall execute all documents, perform all acts, and do all things necessary to transfer any of the assets, or to effectuate any of the provisions and conditions set forth herein.
12.
INCORPORATION INTO FINAL DECREE
This Agreement shall be fully binding on the parties and their heirs, legatees, executors, administrators, and assigns. The parties further agree this Agreement will be submitted to the Gwinnett County Superior Court, and this Agreement, if approved by said Court as written, shall become a part of the Final Judgment and Decree of said action, and shall, except as otherwise stated in this Agreement, constitute the sole agreement and decree relating to all matters to which this Agreement refers. This Settlement Agreement is made without any manner consenting to a divorce between the parties, but nothing in the Agreement shall be construed to bar or prevent either party from suing for absolute divorce in any competent jurisdiction because of any past or future fault on the other party s fault.
13.
SOLE AGREEMENT; NO OTHER REPRESENTATIONS
This Agreement constitutes the entire agreement between the parties and supersedes any and all Agreements previously made by them. No representations or warranties have been made by either party to the other except for those representations and warranties expressly set forth herein.
14.
REPRESENTATION OF PARTIES
This settlement and division of assets, properties, and liabilities between the parties detailed above has been made deliberately and consciously by the parties with an expressed desire that it be fair and equitable. This settlement and division constitutes the equitable division of property and indebtedness between the parties, a division that both parties find and declare to be fair and equitable.
The parties hereto do covenant and agree that this agreement has been entered into without the necessity of complying with formal discovery on the part of either party and each party has relied on the representations of the other party in determining property available for equitable division. The parties hereto do covenant and agree that if any of the information provided through the informal discovery process should prove to be inaccurate due to fraud, misstatement, concealment, oversight or for any other reason, the parties, will, without the necessity of a separate action for modification or any other legal or equitable remedies, adjust the amounts to be paid or received and/or correct transfers of property provided herein accordingly.
The parties acknowledge that Husband is being represented by E. LeAnne Chancey, The Chancey Law Firm, P.C., 205 West Pike Street, Suite 120, Lawrenceville, Georgia 30046 and that Wife is represented by Martin Del Mazo, 1022 Indian Trail Road, Suite B, Lilburn, Georgia 30047.
The Parties further acknowledge that this Agreement has been prepared by their attorneys after mutual negotiation between both parties and neither party can complain that the Agreement was biased or prepared solely by the other Party.
The Parties mutually agree that each has read and fully understands his and her rights and obligations of this Agreement, and the Agreement accurately sets out the agreements of the parties.
The Parties acknowledge each to the other they have ascertained and weighed all the facts and circumstances likely to influence their judgment in this matter. The Parties have entered into this Agreement of his and her own volition, with full knowledge of the facts and information as to each Party’s legal rights and liabilities.
The Parties acknowledge they have sought and obtained, or have had an opportunity to obtain, legal advice independently of each other, and they have been duly apprised, or have had an opportunity to be apprised, of their respective legal rights.
Further, all of the provisions of this Agreement, as well as all pertinent questions, have been fully and satisfactorily explained and the Parties assent to all the provisions hereof, viewing the same as fair and equitable and the Parties each believe the Agreement to be reasonable under the circumstances.
15.
RELEASE
Except for those rights and claims for which this Agreement provides, each party hereby waives and releases any and all marital rights and claims, including, but not limited to alimony, division of property, dower, courtesy, year s support, and any rights of inheritance pursuant to the laws of intestacy, which rights and claims each party may now have against the other or the estate of the other by reason of the marriage of the parties. Both parties waive any legal right he or she may have to be appointed to be the executor or administrator of the estate of the other as the deceased party may have designated in his or her Last Will and Testament.
16.
ACKNOWLEDGMENT THAT DISCOVERY NOT COMPLETE
The parties acknowledge that discovery procedures available under Georgia Law have been fully explained. The parties each herewith acknowledge that the right to pursue any and all of these discovery procedures have been fully explained. The parties acknowledge and understand that all discovery procedures have not been completed. The parties wish to forego and waive their respective rights to discovery and proceed with this compromise settlement of the issues, which have arisen in the marriage and in this action for divorce, all in an effort to bring the matter to an expeditious conclusion and reduce further expenditures for attorney’s fees and other expenses of litigation. By the execution of this Agreement, the parties are directing their respective attorneys to present this Agreement to the Court as a complete and full compromise of their claims in this action, and they herewith waive and abandon all rights to further discovery.
17.
DISCLOSURE
The Husband warrants he has made full disclosure to the Wife of all property presently owned by him or vested in his name or which is reasonably expected to be vested in his name at the time of the signing of this Agreement. The Husband also warrants he has made full disclosure to the Wife of all debts owed or obligations assumed by him which debts or obligations shall be or may be considered a debt or obligation of the Wife or which act as an encumbrance upon the property of the Wife.
The Wife warrants she has made full disclosure to the Husband of all property presently owned by her or vested in her name or which is reasonably expected to be vested in her name at the time of the signing of this Agreement. The Wife also warrants she has made full disclosure to the Husband of all debts owed or obligations assumed by her which debts or obligations shall be or may be considered a debt or obligation of the Husband or which act as an encumbrance upon the property of the Husband.
The obligations of the Husband under this Agreement shall be in addition to any obligations otherwise assumed by the Husband pursuant to this Agreement. All payments and obligations set forth in this provision shall be considered a continuing obligation or debt of the Husband to the Wife.
18.
FREE AND VOLUNTARY
The parties acknowledge they are entering into this Agreement freely and voluntarily; that they have read each page of the Agreement carefully before signing; that they have ascertained all the facts and circumstances likely to influence their judgment; that they have had the opportunity to seek and obtain legal advise independently of each other; that all the provisions of this Agreement, as well as all questions pertaining to the Agreement, have been fully and satisfactorily explained to them; that they have given due consideration to such provisions and questions; and that they clearly understand and consent to all the provisions of this Agreement.
19.
SEVERANCE
In the event any paragraph or paragraphs of this Agreement shall be declared invalid or void by any Court, such declaration shall not invalidate the entire Agreement, and all other paragraphs of the Agreement shall remain in full force and effect.

ARTICLE XX
FINAL PARAGRAPH

16.18 This Settlement Agreement is _______________ pages long, including the signature page of the parties, which immediately follows this page. This Settlement Agreement further incorporates Exhibits ___ , the ___________ and Exhibit B, the ____________ which are attached hereto. Paragraph XX is the last paragraph of this Settlement Agreement, not including the signature page and exhibits.

Law Office of Martin M. Del Mazo
Atlanta Divorce Attorneys
750 Hammond Drive
#12-200
Atlanta, Georgia 30328
770-935-8999

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