Marital Settlement Agreement with Minor Children - Wisconsin - Edit, Fill, Sign Online

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 - -

Enter the name of the

county in which this case

is filed.

STATE OF WISCONSIN, CIRCUIT COURT,

COUNTY

For Official Use

Enter the name of the

petitioner. If joint

petitioners, enter the name

of the wife.

In RE: The marriage of

Petitioner/Joint Petitioner-Wife:

First name Middle name Last name

and

Marital Settlement

Agreement

With Minor Children

Divorce-40101

Legal Separation-40201

Case No.

Enter the name of the

respondent. If joint

petitioners, enter the name

of the husband.

Respondent/Joint Petitioner-Husband:

First name Middle name Last name

Check divorce or legal

separation.

Enter the case number.

Warning: 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.

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.

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.

Marital Settlement Agreement with Minor Children Page 2 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 2 of 11

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 for

Payment to

(Creditor)

Balance

Due

Paid by

Wife

Paid by

Husband

Shared

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

In 3, check a or b.

If b, check 1 or 2. If 2,

enter the employer

information.

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.

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.

Marital Settlement Agreement with Minor Children Page 3 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 3 of 11

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.

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

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.

Marital Settlement Agreement with Minor Children Page 4 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 4 of 11

Other Personal Property

Description of Asset

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.

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 %.

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 %.

Indicate when and how

any exchange of property

will take place.

If more space is

necessary, mark the box

and attach additional

sheets.

Marital Settlement Agreement with Minor Children Page 5 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 5 of 11

b. 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.

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.

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.

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.

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.

Marital Settlement Agreement with Minor Children Page 6 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 6 of 11

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:

Name of Minor Child

Birth Date

Joint

Legal

Custody

Sole Legal

Custody to

Mother

Sole Legal

Custody to

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:

Name of Minor Child

Shared

Primary

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 non-

insuring 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.

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.

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.

If b, enter who will

provide insurance, the

out of pocket cost for

such insurance, and the

amount the other party

will contribute.

Marital Settlement Agreement with Minor Children Page 7 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 7 of 11

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”)

$

In 2.a, enter the payer’s

name, recipient’s name,

payment frequency

(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.

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.

NOTE: For more

information on DCF 150,

contact your local Child

Support Agency.

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.

Marital Settlement Agreement with Minor Children Page 8 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 8 of 11

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 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.

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.

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.

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.

In 3, check a or b.

If b, check 1 or 2. If 2,

enter the payer’s

employer information.

Marital Settlement Agreement with Minor Children Page 9 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 9 of 11

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.

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.

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.

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.

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.

Marital Settlement Agreement with Minor Children Page 10 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 10 of 11

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 Page 11 of 11 Case No. ___________

Marital Settlement Agreement – with Minor Children §767.34, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 11 of 11

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

State of Wisconsin, Child Support Agency

Approved

Not Approved

Not Required

Authorized Signature

Print or Type Name

Title

Date

Guardian ad Litem

Approved

Not Approved

Not Required (no GAL has been appointed)

Authorized Signature

Print or Type Name

Title

Date

If a Guardian ad Litem

has been appointed to

your case, you must take

this agreement to the

GAL for his/her

approval.

If not, mark not

required.

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.

If not, mark not required.

If a Guardian ad Litem

has been appointed to

your case, you must take

this agreement to the

GAL for his/her

approval.

If not, mark not

required.

If a Guardian ad Litem

has been appointed to

your case, you must take

this agreement to the

GAL for his/her approval.

If not, mark not required.

Fillable Printable Marital Settlement Agreement with Minor Children - Wisconsin

Fillable Printable Marital Settlement Agreement with Minor Children - Wisconsin

Marital Settlement Agreement with Minor Children - Wisconsin