MARITAL SETTLEMENT AGREEMENT（离婚协议书）
□/Lawyer Lianmin Song
AGREEMENT made on this _____ day of ____________, 20__, by and between _________ (hereinafter referred to as "Wife"), United States permanent resident and citizen of the People’s Republic of China, temporarily residing at ____________________________, People’s Republic of China; and ____________ (hereinafter referred to as "Husband"), citizen of the United States, who resides at _________________________ People’s Republic of China.
WHEREAS, we were lawfully married on _______________________, Province of Jiangsu, People’s Republic of China, and we now mutually desire and agree to legally dissolve our marriage;
WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement;
WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances;
WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent FINAL JUDGEMENT OF DISSOLUTION OF MARRIAGE.
THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions:
1. REAL ESTATE
A. RESIDENCE:
1). Distribution of real estate properties
Husband and Wife jointly own the following real estate to be divided as follows:
1. Husband shall have all rights of title and ownership of the communal property located at ____________________________ People’s Republic of China. Wife agrees to unconditionally to help Husband obtain full rights of title and ownership of this property. It is expressly understood between Husband and Wife that Wife has not and will not sell, give, rent, donate, pawn or in any other form transfer her rights of title and ownership in the property located at _____________________________ People’s Republic of China to a third party.
2. Husband shall retain all rights of title and ownership of the property acquired under his name, at ____________________________________, People’s Republic of China.
3. Wife shall have all rights of title and ownership of the communal property located at ____________________________________, USA. Husband agrees to unconditionally help Wife obtain full rights of title and ownership, including travelling to the USA through self-paid flights within two weeks of notice from Wife, if necessary. Because Wife is unemployed, Husband agrees to pay any fees over $_______ US Dollars that may incur during the transfer of title and ownership rights. It is expressly understood between Husband and Wife that Husband has not and will not sell, give, rent, donate, pawn or in any other form transfer his rights of title and ownership in the property located at __________________________________________, USA to a third party.
4. Wife shall have all rights of title and ownership of the communal property located at _____________________________________, People’s Republic of China. Husband agrees to unconditionally help Wife obtain full rights of title and ownership one week from which the divorce between Husband and Wife is finalized. It is expressly understood between Husband and Wife that Husband has not and will not sell, give, rent, donate, pawn, or in any other form transfer his rights of title and ownership in the property located at ____________________________________________, People’s Republic of China to a third party.
2) Expenses, Mortgage and Maintenance:
Husband shall be completely responsible for and pay all associated expenses, including mortgages and maintenance fees regarding the real estate properties located at ________________________ China; Wife shall be completely responsible for and pay all associated expenses, including maintenance fees regarding the real estate properties located at _________________________________ USA; and _______________________________________________, China. It is expressly understood between Husband and Wife that the mortgages for the properties located at ______________________________People’s Republic of China have been paid in full.
2. PERSONAL PROPERTY
A. HOUSEHOLD GOODS
Husband and Wife jointly own the following household goods to be divided as follows:
1) To Husband: All electronics, furniture, household furnishings, clothing, collections, computer equipment, and artwork currently located at _____________, People’s Republic of China; all electronics, furniture, household furnishings, clothing, collections, computer equipment, and artwork currently located at __________________________, People’s Republic of China; and all other household goods acquired by Husband before the legal dissolution of marriage between Husband and Wife is finalized.
2) To Wife: All electronics, furniture, household furnishings, clothing, collections, computer equipment, and artwork currently located at __________________, People’s Republic of China; all income derived from the rental of _____________________________, CA 95129, USA to third-party tenants; and all other household goods acquired by Wife before the legal dissolution of marriage between Husband and Wife is finalized.
B. AUTOMOBILES
Husband and Wife agree that each will retain the vehicles that are currently in their individual possession.
C. OTHER PERSONAL PROPERTY
Husband and Wife own the following other personal property to be divided as follows:
1) To Husband: _______________________________________
2) To Wife: ____________________________________________
3. DEBTS
It is expressly understood between Husband and Wife that there has been an accurate, fair, and complete disclosure of all debts under their names, and that there are no withstanding debts held jointly between them. Husband and Wife will not hold each other responsible for any debts undisclosed by the other party before the legal dissolution of marriage between Husband and Wife is finalized. Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife also agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement.
4. FINAL AGREEMENT
This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of marital property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged.
5. ACKNOWLEDGEMENT
Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement.
6. CHOICE OF LAW
Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of ______________________________.
Signed and dated this __________ day of _______________________, 20_____.
________________________________ ________________________________
Wife (Signature) Husband (Signature)
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