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Divorce Mediation Engagement Agreement

This Agreement is entered into on this the day of [Date], by and between Nelson Edward Timken, Timken Dispute Resolution, LLC., hereinafter referred to as the “Mediator,” and [Party 1's Name] and [Party 2's Name], hereinafter referred to collectively as the “Parties.”

1. Purpose of the Mediation

The Parties hereby engage the Mediator to facilitate discussions and negotiations for the purpose of reaching a mutually acceptable settlement of their marital issues, including but not limited to, the dissolution of their marriage, equitable distribution of assets and liabilities, alimony, and any child-related issues such as parental responsibility and timesharing. The goal of the mediation is to help the Parties resolve their disputes without resorting to litigation.

2. Role of the Mediator

The Mediator is a neutral third party who will assist the Parties in a fair, impartial, and balanced manner. The Mediator will not act as a judge, lawyer, or advocate for either Party. The Mediator’s role is to facilitate communication, identify issues, explore options, and assist the Parties in reaching a voluntary agreement. The Mediator will not offer legal advice, and the Parties are strongly encouraged to consult with their own independent legal counsel throughout the mediation process.

3. Confidentiality

All information, proposals, offers, or statements made during the mediation process, whether verbal or in writing, are confidential and will not be disclosed to any third party, with the exception of the Parties’ legal counsel. No record or transcript of the mediation will be made. The Parties agree that the Mediator may not be called as a witness in any legal proceeding concerning this dispute and that all mediation communications are inadmissible in court, as provided by Florida law.

4. Voluntary Participation

The Parties acknowledge that their participation in this mediation is voluntary and that they may withdraw from the mediation at any time. The Parties agree to participate in the process in good faith and to make a sincere effort to reach a resolution.

5. Fees and Payment

The Mediator’s fee for services shall be [Hourly Rate] per hour, to be paid [Payment Terms, e.g., "equally by the Parties," "by a specific Party," etc.] The fee includes all time spent in joint sessions, private caucuses, and in reviewing documents. The Parties agree to pay all fees and costs on a [Billing Cycle, e.g., "a retainer of [Retainer Amount] at the commencement of mediation," "due at the end of each session," etc.]. [Mediator's Name] reserves the right to terminate mediation services if payment is not made in accordance with this agreement.

6. Full Disclosure

The Parties agree to provide full and honest disclosure of all relevant financial information, including assets, liabilities, income, and expenses. The Parties understand that an agreement reached in mediation may not be legally enforceable if based on incomplete or fraudulent information.

7. Legal Counsel

The Parties acknowledge that they have been advised of their right to seek independent legal counsel at all stages of this process. The Parties understand that any final settlement agreement drafted by the Mediator must be reviewed by their respective attorneys before being signed and submitted to the court.

8. Disclaimer of Legal Advice

The Mediator is not an attorney and cannot provide legal advice. The Parties have been advised that this engagement agreement is not a legal contract of representation and that the Mediator’s role is strictly limited to facilitation.

9. Termination of Mediation

The mediation may be terminated at any time by the Parties, either jointly or individually, or by the Mediator if the Mediator believes that further proceedings would be unproductive or that one or both of the Parties are not participating in good faith.

10. Signatures

By signing below, the Parties and the Mediator agree to the terms and conditions outlined in this Agreement.

Party 1:

[Party 1's Printed Name] [Date]

Party 2:

[Party 2's Printed Name] [Date]

Mediator:

[Mediator's Printed Name] [Date]

Florida Parenting Plan Template

This Parenting Plan is entered into by and between [Parent 1's Name] (“Mother”) and [Parent 2's Name] (“Father”) (collectively, the “Parents”). The purpose of this Plan is to set forth the legal rights and responsibilities of the Parents regarding their minor child(ren).

1. Child(ren)

This Plan applies to the following minor child(ren) born to or adopted by the Parents:

  • Child’s Name: [Child 1's Full Name]

    • Date of Birth: [Child 1's Date of Birth]

  • Child’s Name: [Child 2's Full Name]

    • Date of Birth: [Child 2's Date of Birth]

2. Parental Responsibility

The Parents shall have shared parental responsibility as to all major decisions affecting the health, education, and welfare of the minor child(ren). Both Parents shall confer with each other and make a good faith effort to jointly determine major decisions.

The Parents agree that the primary residential address for school boundary determination and registration will be [Parent's Name]'s residence at [Parent's Address].

3. Time-sharing Schedule

The following is a detailed time-sharing schedule that specifies the time the minor child(ren) will spend with each Parent.

A. Regular Schedule

The Parents will follow the following weekly schedule: [Example: The child(ren) will be with the Mother from Sunday at 6:00 PM until Wednesday at 6:00 PM, and with the Father from Wednesday at 6:00 PM until Sunday at 6:00 PM.]

B. Summer Schedule

The regular schedule will be suspended during the summer break from school. The summer schedule will be as follows: [Example: Each Parent shall have a continuous two-week block of time with the child(ren) during the summer, with the Parents alternating which weeks they choose each year. The remaining summer weeks will revert to the regular schedule.]

C. Holiday and Special Occasion Schedule

The Parents agree to the following holiday and special occasion schedule:

  • Thanksgiving: [Example: Thanksgiving will be alternated annually. In even-numbered years, the child(ren) will be with the Mother from 6:00 PM on the day school ends for Thanksgiving until Sunday at 6:00 PM. In odd-numbered years, the child(ren) will be with the Father during the same period.]

  • Winter Break: [Example: The winter break will be divided equally. The first half will be with one Parent, and the second half with the other, alternating annually.]

  • Spring Break: [Example: Spring break will be with the Mother in even-numbered years and with the Father in odd-numbered years.]

  • Mother’s Day/Father’s Day: [Example: The child(ren) shall spend Mother's Day with the Mother and Father's Day with the Father, regardless of the regular time-sharing schedule.]

  • Birthdays: [Example: The child(ren)'s birthdays will be spent with the Parent whose time it is under the regular schedule. The other Parent is entitled to a reasonable phone or video call.]

D. Transportation and Exchanges

  • Exchange Location: The child(ren) will be exchanged at [Location, e.g., the child(ren)'s school, a neutral public place, etc.]

  • Responsibility for Transportation: [Parent's Name] shall be responsible for [describe responsibility, e.g., picking up the child(ren) for his/her time], and [Parent's Name] shall be responsible for [describe responsibility].

4. Communication

  • Parent-to-Parent Communication: The Parents will communicate with each other regarding the child(ren) via [e.g., email, a co-parenting app, text message].

  • Parent-to-Child Communication: Each Parent shall have reasonable and frequent communication with the child(ren) when the child(ren) is/are with the other Parent. This includes [e.g., telephone calls, video calls, text messages].

5. Health Care and Education

  • Health Insurance: The child(ren) will be covered by [Parent's Name]'s health insurance plan.

  • Medical Decisions: Both Parents must confer with each other before making any major medical decisions, including [e.g., non-emergency procedures, orthodontics, therapy].

  • Education: Both Parents will have equal access to school records, teacher meetings, and school events.

6. General Provisions

  • Notification of Address Change: Each Parent must provide written notice to the other Parent at least 60 days before any planned relocation of 50 miles or more.

  • Alternate Care: If a Parent needs childcare for more than [e.g., four hours] during their time-sharing period, they must first offer the other Parent the opportunity to care for the child(ren).

  • Dispute Resolution: In the event the Parents are unable to agree on a major decision, they will first attempt to resolve the matter through [e.g., mediation, a parenting coordinator].

By signing below, the Parents acknowledge their commitment to the terms of this Plan.

Mother:

[Mother's Printed Name] [Date]

Father:

[Father's Printed Name] [Date]

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MARITAL SETTLEMENT AGREEMENT

This agreement is made and entered into at this ____ day of September 2016, by and between JOHN DOE, (“Husband”) and JANE DOE (“Wife”) collectively hereinafter referred to as “the parties”, who state:

WITNESSETH:

WHEREAS, the parties are Husband and Wife and were married on December 31st in Las Vegas, Nevada.

WHEREAS, the parties have separated.

WHEREAS, there are two minor children born of the marriage; A.D, born in 2003 and D.D., born in 2005.  The Wife is not currently pregnant nor expecting any children.

WHEREAS, because of irreconcilable differences in the marriage, the parties have made this marital separation agreement to settle once and for all what they owe to each other and what they can expect to receive from each other.  Each of the parties’ states that nothing has been held back, that they have honestly included everything they could think of in listing their assets and debts, and that they believe the other has been open and honest in writing this divorce agreement.

WHEREAS, both parties have filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).  Because the parties have voluntarily made full and fair disclosure to each other of all our assets and debts, the parties waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure.

WHEREAS, both parties agree to execute and exchange any divorce papers that might be needed to complete this divorce settlement agreement, including deeds, title certificates, etc.

WHEREAS, each party waives, releases, and relinquishes any actual or potential right, claim, or cause of action against the other party, including but not limited to asserting a claim against the estate of the other party or to act as a personal representative of that estate, except as otherwise provided in this agreement or arising hereunder.

WHEREAS, in the event of any disagreements regarding an issue between the parties, the parties shall first confer and exercise reasonable efforts to resolve such a dispute. Except in an emergency, before a party files legal action regarding an issue of any such dispute or modification of any terms and conditions in this agreement, that party shall make a good faith attempt to submit the dispute or controversy to mediation.

WHEREAS, the terms and provisions of this Agreement are enforceable in contract, in addition to any remedies for enforcement that may be available under any final judgment of dissolution of marriage entered into between the parties.

NOW THEREFORE, in consideration of the sum of the mutual and several promises and undertakings hereinafter made and assume and for good and valuable consideration, the parties do freely and voluntarily agree by and between themselves as follows:

SECTION I.  PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIMESHARING

The Parties shall have legal child custody arrangement and parental responsibility in accordance with the Parenting Plan attached to this Marital Settlement Agreement as Exhibit “A”.

SECTION II.  CHILD SUPPORT

The Husband’s obligation to pay support for the children shall continue until each child reaches the age of 18 years, marries, becomes emancipated, or dies, whichever comes first, except in the event the child is enrolled on a full-time basis in high school after the age of 18 years with the expectation of graduation by the 19th birthday, in which event, said child support shall continue for said child through the date of graduation from high school, provided that said child does not otherwise cease being a dependent.  Support shall cease upon the death of the payor spouse.

Beginning on October 1, 2016 the Husband will pay child support to the Wife in the amount of Eleven Hundred Dollars & 00/100.  ($1100). See Child Support Guidelines attached as Exhibit” B”.  This child support shall be paid by an income withholding order.

Subsequent Modifications for Multiple Children:  Upon the 18th Birthday of A.D. in 2021 or if still in high school at age 18, on August 1st after A.D’s graduation from high school but not to exceed A.D’s 19th Birthday,  Husband’s support obligation for A.D. shall conclude, at which point Husband’s monthly child support payment shall be reduced to $650.00.

Uninsured Expenses:  The Husband shall pay Seventy-Five (75%) and the Wife shall pay Twenty-Five (25%) of the uncovered health care expenses . “Uncovered Health Care Expenses” means all ordinary, reasonable and necessary expenses not covered by insurance and incurred for medical, health, dental, psychological or psychiatric care on behalf of the children, including, but not limited to insurance deductibles, hospitalization, prescriptions, physicians, dentists, orthodontics (including braces), contact lenses and eyeglasses, examinations and insurance copayments.

A party who incurs such an expense shall forward the invoice and/or receipt to the other parent within thirty (30) days of incurring expense, and the other parent shall pay his/her share of the same within thirty (30) days of receipt.

Child Support Arrearages:  The Husband has an outstanding child support arrearage of $5,787.00.  This obligation shall be paid in full in thirty (30) days.

Health & Dental Insurance:  The Husband agrees to maintain hospitalization and major medical insurance for the minor children so long as such coverage is reasonably available and until such time as child support terminates.

Party maintaining health insurance policy shall supply the other parent at all times with a valid health insurance card for the benefit of the children and all necessary forms and signatures needed to process insurance claims. Any health insurance reimbursement received by either spouse for sums advanced by the other spouse shall be delivered to the reimbursable spouse within forty-eight (48) hours of receipt.

Life Insurance Policies:  As security for the child support obligation described in this agreement the Husband shall maintain a life insurance policy in the amount of $150,000 with the Wife as the beneficiary for the benefit of the minor children, until such time as the obligation to support the children pursuant to the terms of this agreement terminates.

The Life insurance the Husband shall maintain pursuant to this section is subject to the following conditions and restrictions.

  1. Husband shall be responsible for paying all premiums due to maintain the policy or policies of insurance required herein;
  2. Husband shall not pledge, hypothecate, assign or encumber this insurance policy;
  3. Husband’s obligation to maintain said policy or policies shall terminate upon termination of the child support obligation, at which time he shall be entitled to terminate the policy or policies or designate the beneficiary or beneficiaries of his choice;
  4. Within ten (10) days of entry of the Final Judgment of Dissolution of Marriage, the Husband shall take whatever steps are necessary, including writing a letter to the insurance company to cause the insurance company that has issued the policy or policies of life insurance on his life, as required in this agreement, to deal directly with the Wife so that she can verify that the required amount of insurance on the Husband’s life is in place and that she has been named beneficiary pursuant to the terms of this Agreement and further authorizing the company to provide the Wife at her residence address written notice of any of the following events relating to the life insurance policy or policies’:
  5. Delays in premium payments and copies of late notices,
  6. Requests to change the beneficiary designation, including any requests to add or delete a beneficiary from the life insurance policy or policies;
  7. Requests to decrease the amount of life insurance;
  8. Failure to make any premium payments associated with the life insurance coverage;
  9. Request to hypothecate, encumber, or borrow funds from any cash value associated with the life insurance policy or policies;
  10. Any type of change of address of the life insurance company, or change in ownership, such that the life insurance company’s name or address is changed;
  11. Any changes in the life insurance policy or policies death coverage;
  12. Request to terminate insurance coverage and requests for refunds of insurance premiums.

Tax Dependency Exemption: The Husband shall be entitled to claim the minor children as a dependent exemption on his Federal Income Tax return during even years.  The Wife shall be entitled to claim the minor children as a dependent exemption on his Federal Income Tax return during odd years.  The parties shall execute IRS Form 8332 as required by the Internal Revenue Service to allow the other party to claim this exemption.

SECTION III.  EQUITABLE DISTRIBUTION

  1. Property Division.  For an equitable division of marital property, assignment of non-marital property, and as and for the payment of marital debts, the parties shall make the transfers, conveyances, and assignments in accordance with the terms, provisions, covenants as follows below.  Any marital asset not listed below belongs to the party who has it currently in their possession.

Marital Home or Other Property:  The parties have a home located at 1234 Ideclarethumbwar Lane (hereinafter referred to as the “Marital Residence”).   This property is subject to a mortgage (hereinafter referred to as the “Marital Residence Mortgage”).  Upon full execution of this agreement the Parties shall list the Marital Residence for sale with an agreed-upon realtor.  At the time of the sale, the Parties shall equally divide all proceeds from the sale of the Marital Residence.

Both Parties shall cooperate with each other at all times to sign whatever further documents are necessary to list the property for sale and shall make the property available for show and to prospective purchases.  Furthermore, the Parties agree to cooperate with the realtor regarding setting a sales price for the Marital Residence.

During the sale of the home, neither Party shall refuse any reasonable offer submitted, which is defined as plus or minus 5% of the agreed to asking price.  If either Party at any time feels that the other party is refusing to act in good faith with regard to the sale of said property, they shall have the right to seek a judicial determination regarding such, and upon the Court finding bad faith on the part of one party or the other, the Court can then proceed to Order a partition of the property, even though the exclusive use and occupancy has not otherwise terminated.

Husband’s Vehicle:  The Husband shall have sole title and possession of the Flintstone Car vehicle currently in his possession, free and clear of any right, title, claim, or interest by the Wife.  Wife shall convey to Husband any right, title or interest she may have in the car.  Husband shall assume and satisfy the outstanding lien which encumbers the vehicle according to the terms and conditions and shall hold harmless the other and indemnify the Wife.  In the event Wife fails to convey as aforesaid, the Final Judgment shall act as a conveyance.

Wife’s Vehicle:  The Wife shall have sole title and possession of the Punchbuggy microbus currently in her possession, free and clear of any right, title, claim, or interest by the Husband. Husband shall convey to Wife any right, title or interest he may have in the microbus.  Wife shall assume and satisfy the outstanding lien which encumbers the vehicle according to the terms and conditions and the Wife shall hold harmless the other and indemnify Husband.  In the event Wife fails to convey as aforesaid, the Final Judgment shall act as a conveyance.

Husband’s Retirement Account: The Husband shall have exclusive use, possession, and ownership of any 401k, IRA, or other retirement account listed in his name, unless specified differently in this Agreement.  The Wife forever relinquishes any right she may have to any of the accounts specified in this paragraph.

Husband’s Checking Accounts:  Husband shall have exclusive use, possession, and ownership and shall be the sole owner of any bank account listed in his respective name, including, but not limited to, checking accounts, savings accounts, or money market accounts.  The Wife forever relinquishes any right she may have to any of the accounts specified in this paragraph.

Wife’s Retirement Account: The Wife shall have exclusive use, possession, and ownership of any 401k, IRA, or other retirement account listed in her name, unless specified differently in this Agreement.  The Husband forever relinquishes any right he may have to any of the accounts specified in this paragraph.

Wife’s Checking Accounts:  Wife shall have exclusive use, possession, and ownership and shall be the sole owner of any bank account listed in her respective name, including, but not limited to, checking accounts, savings accounts, or money market accounts.   The Husband relinquishes any right he may have to any of the accounts specified in this paragraph.

Personal Property:

Husband shall have exclusive use, possession, and ownership of all items titled in his name solely including cash on hand, cash in bank, all personal affects, clothing, grooming aids, jewelry and any furnishings currently in his possession.

Wife shall have exclusive use, possession, and ownership of all items titled in her name solely including cash on hand, cash in banks, all personal affects, clothing, grooming aids, and jewelry.

  1. Division of Liabilities/Debts.  Any marital liability not listed below belongs to the party who has it currently in their possession or has the debt titled solely in their name.

Each party shall be responsible for paying his/her respective debts and obligations which they incurred individually, subsequently to filing the Petition.  Neither party shall pledge the credit of the other in the future, and the parties shall immediately close any charge accounts for which there is joint liability.

Loan on Wife’s Vehicle:  The Wife shall be solely responsible for the loan on the vehicle currently in her possession, and agrees to indemnify and hold harmless the Husband for any liability pursuant to any action taken by any creditor to enforce this debt.

Loan on Husband’s Vehicle:  The Husband shall be solely responsible for the loan on his truck and motorcycle currently in his possession and agrees to indemnify and hold harmless the Wife for any liability pursuant to any action taken by any creditor to enforce this debt.

Wife’s Charge/Credit Card Accounts & Other Loans:   The Wife shall be responsible for credit card debt or other loans that is or are held in her own name, including but not limited to the Bank of America Card #XX and shall hold the Husband harmless for any liability pursuant to any action taken by any creditor to enforce the debt for which the Wife has accepted responsibility.

Husband’s Charge/Credit Card Accounts & Other Loans:   The Husband shall be responsible for credit card debt or other loans that is or are held in his own name, including but not limited to the Discover Card, and shall hold the Wife harmless for any liability pursuant to any action taken by any creditor to enforce the debt for which the Husband has accepted responsibility.

Credit Card & Debt Indemnification:  Each of the parties hereby represents that he or she has not contracted and will not contract any debt, charge, or liability in the name of the other, or for which the other might ultimately be held responsible for by a third party creditor. If any party has contracted any debt, charge, or liability in the name of the other without the knowledge of the other, the party who contracted the debt shall be solely responsible for that debt and shall indemnify and hold harmless the other party against any third party creditor.

Other Debts:  Should there be any debt, payment for which is not specifically allocated to a party under this agreement, the Party who has incurred such debt shall be solely responsible for the payment of the same, and shall hold the other harmless there from.

Each party shall hold harmless, indemnify and defend the other from any liability resulting from a default in the payment of their respective obligations.  However, the parties understand that any promise to hold harmless any debt, whether joint or otherwise, is an obligation between the parties themselves ONLY.  Such obligation does not pertain to any obligation by any creditor or any other third party with the relation to any debt which may exist between the parties and any such creditor.  Therefore, the fact that one party has agreed to hold the other harmless upon any such debt in no way precludes any such creditor or other third-party from enforcing such obligation against either or both parties.  Any such enforcement may include, but not be limited to, suit for judgment, reference upon credit bureau reports, garnishment, and levy upon real property, as well as implementation of other such enforcement mechanisms.  Additionally, in the event that the party who has been held harmless from a debt herein initiates application for additional credit, the debt for which he or she was held harmless herein will likely be considered by any such potential lender as part of said party’s overall debt burden despite the hold harmless agreement.  This may result in a lender refusing to lend funds to such party.  When a party has been held harmless from a debt associated with the real purchase of real estate (i.e. a mortgage) said party may experience additional limitations being places upon him or her as a result of such debt being considered as part of that party’s overall debt burden.  Such additional limitations may include, but not be limited to, refusal of a lender to lend funds for purchase of real estate or otherwise, inability of said party to obtain certain types of mortgages, as well as other limitations.

SECTION IV.  SEPARATE PROPERTY

Except as otherwise provided herein, the parties agree that whatever property he or she now owns or may hereafter have or acquire in their respective names shall henceforth be considered their sole and separate properties, provided same has been disclosed to the other party.  To the extent that an asset, whether same be real, personal, intangible, or tangible be discovered at a later date, the Court should reserve jurisdiction to distribute same between the parties.

SECTION V.  ALIMONY

Alimony:  The Husband shall pay permanent monthly beginning on October 1, 2016.  Beginning with the first payment the Husband shall pay the Wife the sum of Four Thousand ($4,000.00) dollars per month.

Manner of Payment: All alimony payments shall be made via Income Withholding Order.

Termination of Alimony: This alimony shall terminate only upon the death of either spouse or remarriage or cohabitation of the Wife.

Tax Treatment: The alimony shall be taxable to the Husband and tax deductible to the Wife.

Life Insurance Policies:  As security for the Husband’s alimony support obligation described in this agreement the Husband shall maintain a life insurance policy in the amount of $100,000.

The Life insurance policy the Husband shall maintain pursuant to this section is subject to the following conditions and restrictions:

Husband shall be responsible for paying all premiums due to maintain the policy or policies of insurance required herein;

Husband shall not pledge, hypothecate, assign or encumber this insurance policy;

The obligation to maintain said policy or policies shall terminate upon termination of alimony;

SECTION VI.  COURT COSTS AND ATTORNEY’S FEES

Each party shall be responsible for their own court costs and attorney’s fees.

SECTION VII.  TAX ISSUES

The parties shall file separate federal income tax returns for the calendar year 2016 and all years thereafter.

SECTION VIII.  GENERAL PROVISIONS

Execution of Documents:  The parties agree to execute any and all documents needed to comply with the terms and provisions of this Marital Settlement Agreement.

Release of All Claims:  Each party, except as otherwise provided in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of every kind, whether known or unknown.  However, neither party is relieved from any obligation under this agreement, or under any document executed pursuant to this agreement, or under any judgment or order issued incident to this agreement.

Waiver of Rights to Other Party’s Estate:  Each party hereby waives any and all rights to inherit part of the Estate of the other at his or her death, except under a Will or Codicil dated subsequently to the date of this Agreement.

Waiver of Further Disclosure:  Pursuant to Rule 12.285 (a), the parties agree to waive further disclosure under the Florida Family Law Rules of Procedure.

Tax Advice:  Both parties acknowledge that they have not received tax advice from their respective counsel concerning the tax consequences of this Agreement.  Each party has had an opportunity to consult with a tax specialist or accountant of his or her own choosing.

Bankruptcy:  Each party agrees that the financial obligations assumed by each toward the other, directly or indirectly, as a result of this Agreement shall not be dischargeable in bankruptcy, the parties agreeing that all obligations are non-dischargeable under the terms of the U.S. Bankruptcy Code.  If a bankruptcy petition is filed, the debtor party agrees to reaffirm the indebtedness then owed to the other party.  Should a bankruptcy court action prejudice either party in the collection of money or receipt of property hereunder, such action shall constitute a substantial change of circumstances such as to justify a modification of the terms and conditions of this Agreement by the Court, including redistribution of assets and an award or modification of lump sum alimony equal to the amount of indebtedness discharged by the debtor party.

Subsequent Dissolution of Marriage:  The parties acknowledge that this Agreement, fully executed by each party, shall be submitted to the Court in any dissolution of marriage action and shall govern all rights and interest of and between the parties upon dissolution of their marriage.  This Agreement shall be offered into evidence by either party and if acceptable to the Court, shall be incorporated by reference in any judgment that may be rendered.  However, incorporation into any judgment shall not prevent the independent survival of this Agreement, which shall be binding on the parties for all time.

Legal Separation:  At all times hereafter, each party shall live and continue to live separate and apart at such place or places as he or she may, from time to time, choose or deem fit.  Each party shall be free from interference, authority and control, direct and indirect, by the other as if he or she was single and unmarried.  Neither party shall molest the other, interfere with the peach and comfort of the other, or compel, or seek to compel, the other to associate, cohabit, or deal with the other.

Each party understands and agrees that this Agreement constitutes the entire contract of the parties.  It supersedes any prior understandings or agreements between them.  There are no representations or warranties other than those expressly set forth herein.

Reconciliation:  The parties recognize the possibility of a reconciliation or a brief period of time that they may resume marital relations.  However, it is their intention that a reconciliation, in no way shall abrogate or affect the provisions of this Agreement concerning the settlement and disposition of property rights between the parties in their respective realty and personalty as set forth in this Agreement.

Legal Counsel:  Both parties acknowledge they had the opportunity to consult with a divorce attorney to seek legal advice and discuss their rights and obligations under this agreement.  Each of the parties has read this agreement and its provisions in full and acknowledges it to be fair and equitable, and are each freely and voluntarily entering into this Agreement.

Waiver of Notice of Final Hearing, Waiting Period, and Appearance at Final Hearing:  Both parties agree to waive the thirty (30) day notice of the final hearing so that the final hearing may take place at the Court’s earliest convenience. Both parties expressly waive the statutory twenty (20) day waiting period and consent to the immediate entry of final judgment of dissolution of marriage.  The parties hereby state that they have entered into a valid and enforceable marital settlement agreement and they hereby consent to an expedited final hearing before a judge or general master and the waiver of all further notices and appearances herein, so long as the court merely ratifies this Agreement and incorporates it into a final judgment of dissolution of marriage.

I understand I am swearing under oath to the truthfulness of the claims made in this notice and that the punishment for knowingly making false statement includes fines and or imprisonment.

_______________________                               _________________________________

Dated                                                          Signature of John Doe

STATE OF FLORIDA      s/s

COUNTY OF PINELLAS

BEFORE ME, the undersigned authority, personally appeared ____________, who, after being first duly sworn, deposes and says that the statements above are a true and correct, and who is personally known to me or who provided ____________________ as identification.

SWORN TO AND SUBSCRIBED before me this _________ day of ___________, 20__.

___________________________

NOTARY PUBLIC

My commission expires:

I understand I am swearing under oath to the truthfulness of the claims made in this notice and that the punishment for knowingly making false statement includes fines and or imprisonment.

_______________________                     _____________________________

Dated                                                 Signature of Mary Doe

STATE OF FLORIDA  s/s

COUNTY OF Hillsborough

BEFORE ME, the undersigned authority, personally appeared _______, who, after being first duly sworn, deposes and says that the statements above are a true and correct, and who is personally known to me or who provided ____________________ as identification.

SWORN TO AND SUBSCRIBED before me this _________ day of ___________, 20__.

___________________________

NOTARY PUBLIC

My commission expires:

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Mediator’s Opening Statement- Family Case

Good morning/afternoon, everyone. My name is [Mediator’s Name], and I will be your mediator today. I want to thank you both for being here and for your willingness to engage in this mediation process.

The purpose of our meeting today is to provide an opportunity for you to discuss and resolve the issues related to your family law matter in a confidential and cooperative setting. My role as mediator is not to act as a judge or an attorney, and I will not make decisions for you or offer legal advice. Instead, I am a neutral third party, here to facilitate communication, help you explore options, and guide you towards a mutually agreeable resolution.

This mediation is a confidential process. What we discuss here today, with a few limited exceptions required by law (such as threats of harm or child abuse), will remain private. This confidentiality allows you to speak openly and honestly without fear that your statements will be used against you in court.

It’s important to understand that mediation is a voluntary process. You are both here because you have chosen to be, and you have the right to end the mediation at any time. However, I encourage you to commit to the process and work collaboratively. When parties are able to reach their own agreements, those agreements tend to be more durable and satisfactory than solutions imposed by a court.

We will work together to identify the issues that need to be resolved. Typically, in family law cases, these might include parenting plans, child support, alimony, and the division of assets and liabilities. We will discuss each of these areas, and I will help you brainstorm potential solutions.

My commitment to you is to ensure that this is a fair and balanced process. I will ensure that each of you has an equal opportunity to speak and be heard. I ask that you treat each other with respect, even when discussing difficult topics. While emotions can run high in these situations, maintaining a respectful dialogue will be crucial for productive discussions.

If we are successful today, we will draft a written agreement that outlines the terms you have reached. This agreement will then be presented to the court for approval. Please remember that any agreement reached today will be a non-binding memorandum of understanding until it is formally reviewed and approved by your respective attorneys and then ratified by the court. I strongly advise both of you to have any agreement reviewed by your independent legal counsel before signing it.

Do either of you have any questions about my role, the mediation process, or what we hope to achieve today?

[Pause for questions]

Great. If there are no questions, we can begin by [suggesting a starting point, e.g., “each briefly outlining what you hope to achieve from today’s session,” or “discussing the parenting plan first”].

MEDIATION AGREEMENT

This is an Agreement between ___________________________________________________________________and  ________________________________________________________, hereinafter “participants,” and Nelson E. Timken, Timken Dispute Resolution, LLC., hereinafter “mediator,” to enter into mediation with the intent of resolving issues related to:

___________________________________________________________________________________________________________

Participants and the mediator understand and agree as follows:

1. Nature of Mediation
The participants hereby appoint as mediator for their negotiations.
The parties understand that Nelson Edward Timken will in this mediation not serve as any party’s nor all parties’ legal counsel. The participants understand that mediation is an agreement-reaching process in which the mediator assists participants to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the participants. The participants understand that mediation is not a substitute for independent legal advice. The parties agree that the mediator is not acting as an attorney or providing legal advice on behalf of any party. During mediation, the parties are each encouraged to consult with or be represented by an independent attorney at any time, and agree to do so before any agreement is signed. At the request of either party, the mediator can be available to speak with the attorneys. The participants are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The participants understand that the mediator’s objective is to facilitate the participants themselves reaching their most constructive and fairest agreement. The participants also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator cannot render individual legal advice to any party and will not render therapy within the mediation. During the session, the mediator may have joint and separate meetings with the parties and their counsel. If a party informs the mediator that information is being conveyed to the mediator in confidence, the mediator will not disclose the information.

Other advisors, such as accountants or appraisers, may also be valuable during mediation and the mediator will recommend this when it seems appropriate. The parties will make the actual selection of advisors and payment for their services.

2. Scope of Mediation
The participants understand that it is for the participants, with the mediator’s concurrence, to determine the scope of the mediation and this will be accomplished early in the mediation process.

3. Mediation Is Voluntary
All participants herein state their good faith intention to complete their mediation by an agreement. It is, however, understood that any party may withdraw from or suspend the mediation at any time, for any reason, by giving notice to the mediator and the other parties. The parties will continue to be bound by the confidentiality provisions of this Agreement and will also continue to be bound by their agreement to pay for those services rendered up to the point of that party’s withdrawal. The participants also understand that the mediator may suspend or terminate the mediation if s/he feels that the mediation will lead to an unjust or unreasonable result, if the mediator feels that an impasse has been reached, or if the mediator determines that s/he can no longer effectively perform his facilitative role.

4. Confidentiality
It is understood between the participants and the mediator that the mediation will be strictly confidential. As such, all mediation discussions, including all written, oral and digital communications with both participants and their advisors, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding. The mediation is considered by
the participants and the mediator as settlement negotiations, are made without prejudice to any party’s legal position, and are inadmissible for any purpose in any legal proceeding. Any offers, promises, conduct and statements will not be disclosed to third parties, except persons associated with the participants in the process, are privileged and inadmissible for any purposes, including impeachment. Only a mediated agreement, signed by the participants, may be so admissible. The participants further agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the participants. The participants understand the mediator has an ethical responsibility to break confidentiality if s/he suspects a party or another person may be in danger of physical harm.

5. Full Disclosure
Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator and all information requested by any other party of the mediation if the mediator determines that the disclosure is relevant to the mediation discussions.

The mediator confirms that s/he or she has disclosed any past or present relationship or other information that a reasonable person would believe could influence the mediator’s impartiality, and that no conflict of interest or appearance of a conflict of interest exists.

6. Mediator Impartiality
The participants understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The participants agree that the mediator may discuss the participants’ mediation process with any attorney any party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all participants directly. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party’s request. The mediator may communicate separately with an individual mediating party, in which case such “caucus” shall be confidential between the mediator and the individual mediating party unless they agree
otherwise.

7. Maintain Status Quo During Mediation
The participants agree to refrain from pre-emptive maneuvers and adversarial legal proceedings (except in the case of an emergency necessitating such action), while actively engaged in the mediation process. While mediation is ongoing, the parties also agree (1) not to sell, transfer, conceal or dispose of any property that may be the subject of this mediation, except in the
ordinary course of business, (2) make any changes in insurance, or (3) make any significant changes in the status quo, without first discussing the issues in mediation so that both parties can have input into how any such changes would be made.

8. Exclusion of Liability
Each party agrees to make no attempt to compel the mediator’s testimony. Each party agrees to make no attempt to compel the mediator to produce any document provided or created by the mediator or provided by the other party to the mediator. The parties agree to defend the mediator from any subpoenas from outside parties arising out of this Agreement or mediation. Should the mediator be required to respond to a subpoena from any party involved in this mediation, that party will be billed for time and expenses incurred in connection with such a response. The parties agree that the mediator is not a necessary party in any arbitral or judicial proceeding relating to the mediation or to the subject matter of the mediation. Neither the mediator nor his employees or agents shall be liable to any party for any act or omission in connection with any mediation conducted under this Agreement. Any documents provided to the mediator by the parties will be destroyed 30 days after the conclusion of the mediation, unless the mediator is otherwise instructed by the parties.

9. Mediation Fees
The participants and the mediator agree that the fee for the mediator shall be $400 per hour for time spent with the participants and for time required to study documents, research issues, correspond, telephone call, prepare draft and final agreements, and do such other things as may be reasonably necessary to facilitate the participants’ reaching full agreement. The participants further understand that copying, postage and long-distance phone calls will be billed to them. The mediator shall be reimbursed for all expenses incurred as a part of the mediation process. A deposit payment of $ toward the mediator’s fees and expenses shall be paid to the mediator along with the signing of this Agreement. Any unearned amount of this deposit fee will be refunded to the participants.

The participants shall be jointly and severally liable for the mediator’s fees and expenses. As between the participants only, responsibility for mediation fees and expenses shall be with the attorneys. The participants will be provided with a monthly accounting of fees and expenses by the mediator. Payment of such fees and expenses is due to the mediator no later than 15 days following the date of such billing, unless otherwise agreed in writing. Should payment not be timely made, the mediator may, at his sole discretion, stop all work on behalf of the participants, including the drafting and/or distribution of the participants’ agreement, and withdraw from the mediation.

The parties acknowledge that they have read and understood and discussed the above terms and agree to participate in the mediation on the basis of the mediation process outlined above.

Dated: , 2025

Nelson E. Timken, J.D.Th

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NEW YORK SEPARATION AGREEMENT

 

THIS AGREEMENT, made and entered into this , by and between `[Husband’s Name]` (“Husband”), residing at `[Husband’s Address]`, and (“Wife”), residing at “.

Preamble

WHEREAS, the parties were married on in `[Place of Marriage]` and have separated as of due to irreconcilable differences 1; and

WHEREAS, the parties desire to live separate and apart and to settle all issues arising from their marriage, including child custody, child support, spousal maintenance, and the division of marital property and debts, through this legally binding contract 3; and

WHEREAS, this Agreement is intended to be voluntarily entered into and serve as a legally sufficient document under New York law that can be used as the basis for a future conversion divorce after one year, provided the parties substantially comply with its terms.3

I. General Provisions

 

1.1. Separate Lives. The parties shall at all times hereafter live and continue to live separate and apart. Each shall be free from interference or control by the other as if they were single and unmarried. Neither party shall molest each other or compel the other to cohabit or dwell with them by any legal or other proceedings.9

1.2. Validity and Execution. This Agreement is a private contract that has been voluntarily entered into by both parties. It is a fundamental condition of this Agreement that both parties have provided full and truthful financial disclosure, including a sworn statement of net worth, to each other. Failure to do so may invalidate the Agreement.8 This Agreement must be signed by both parties and acknowledged before a notary public in the manner required for a deed to be recorded to be legally binding and enforceable. The parties do not have to appear before the same notary or sign at the same time.7

1.3. Residency. The parties affirm that at least one of them meets the residency requirements of New York Domestic Relations Law § 230 to maintain a separation action, which includes, but is not limited to, one party being a resident for a continuous period of at least two years, or one year if certain other conditions are met .

1.4. Reconciliation. A reconciliation provision is included, which explicitly states that if the parties resume living together with the intent to reconcile, this Agreement will not be voided, unless a new agreement is executed to that effect. This supersedes the common law that would otherwise terminate a separation agreement in the event of reconciliation.8

II. Child-Related Provisions

 

2.1. Children of the Marriage. The parties have the following children born of the marriage: [Child’s Name], born , and `[Child’s Name]`, born .

2.2. Child Custody. The parties agree that child custody shall be determined in the best interests of the child.15 The court’s primary concern in a custody dispute is balancing the ability of each parent to meet the child’s needs.18 The factors considered for a custody award include:

  • The stability of each parent’s home environment and their ability to care for the child.18
  • Which parent has historically been the primary caretaker.18
  • The mental and physical health of the parents, including any history of substance abuse or domestic violence.18
  • Each parent’s willingness to foster a positive relationship between the child and the other parent.18
  • The child’s preference, depending on their age and maturity, with more weight given to the wishes of older children.18
  • The educational opportunities and home environment each parent can provide.18
  • Option A: Sole Custody. [Parent’s Name] shall have sole legal custody and physical custody (also known as residential custody) of the minor children. As the parent with sole legal custody, [Parent’s Name] shall have the exclusive authority to make all major decisions concerning the children’s education, medical care, and religious upbringing. The other parent shall have the right to receive information but will not have decision-making power.7
  • Option B: Joint Custody. The parties shall share joint legal custody of the minor children, requiring them to consult and cooperate on all major decisions related to the children’s welfare.7
    [Parent’s Name] shall be the residential parent with primary physical custody, and the children shall reside with them most of the time to provide a stable home environment.25

2.3. Parenting Time and Visitation. The parent without primary physical custody shall have the right to a consistent visitation schedule to foster a positive relationship with the children.3

  • Regular Schedule: [Non-Custodial Parent’s Name] shall have parenting time with the children every other weekend, from “. The parties shall share a mid-week dinner visit.3
  • Holiday Schedule: The parties shall alternate major holidays, including [List of holidays].3
  • Vacation Schedule: Each parent shall be entitled to an extended period of uninterrupted vacation time with the children, such as [e.g., two weeks during the summer].3
  • Supervised Visitation: In the event that visitation is deemed unsafe for the child, the court may order supervised visits where a third party or mental health professional monitors the parent-child interaction.26 Alternatively, the court may order neutral exchanges, where the child is transferred between parents at a safe, designated location like a police station or library.27

2.4. Child Support. Child support shall be calculated in accordance with the Child Support Standards Act (CSSA) based on the parties’ combined adjusted gross income.28 The combined parental income cap for this calculation is $183,000 as of March 1, 2024. For combined income above this cap, a judge has the discretion to apply the percentages or use a number of other factors to determine the additional amount of support.32 The non-custodial parent shall pay their pro-rata share of the total obligation to the custodial parent.3 The applicable percentage is based on the number of children as follows:

Number of Children

Child Support Percentage

1

17%

2

25%

3

29%

4

31%

5 or more

At least 35%

The calculation process involves:

  1. Determining Gross Income: Identifying each parent’s gross income from all sources, including wages, dividends, and business income.35
  2. Calculating Adjusted Income: Subtracting mandatory deductions such as FICA taxes (Social Security and Medicare) and New York City or Yonkers income taxes from the gross income.35
  3. Finding Combined Parental Income: Adding the adjusted incomes of both parents to arrive at the combined parental income.35
  4. Applying the Percentage: Applying the fixed percentage from the table above to the combined parental income up to the statutory cap.35
  5. Prorating the Obligation: Dividing the total child support obligation between the parents in proportion to each parent’s share of the combined parental income.35

2.5. Child-Related Expenses (Mandatory Add-ons). In addition to the basic child support obligation, the parties agree to share the following mandatory “add-on” expenses on a pro-rata basis 10:

  • Health Insurance: The cost of health insurance premiums for the children.40 This is calculated as the difference between the premium for a single person and the cost of a family plan.8
  • Unreimbursed Medical Expenses: Including all co-payments, deductibles, and other health-related expenses not covered by insurance.10
  • Child Care: All necessary child care expenses incurred while the custodial parent is working or seeking employment.10
  • The parent who pays for these expenses shall provide proof of payment and receive reimbursement from the other parent for their share.

III. Spousal Maintenance (Alimony)

 

3.1. Calculation. Spousal maintenance is calculated using statutory guidelines based on the parties’ incomes and the length of the marriage.42 The payor’s income is capped at $228,000 as of March 1, 2024, for this calculation. For income exceeding this cap, a court has the discretion to award additional maintenance after considering a list of factors.18 The amount of maintenance shall be the lower of the following two formulas:

  1. 30% of the payor’s adjusted income (up to the cap) minus 20% of the payee’s adjusted income.42
  2. 40% of the parties’ combined adjusted income (up to the cap) minus the payee’s adjusted income.42

3.2. Duration of Payments. The duration of maintenance is generally tied to the length of the marriage. The following guidelines apply:

Length of Marriage

Duration of Maintenance as a Percentage of Marriage Length

0 to 15 years

15% to 30%

15 to 20 years

30% to 40%

More than 20 years

35% to 50%

Maintenance payments shall terminate upon the death of either party or the remarriage of the receiving spouse.45

3.3. Deviation Factors. The parties may agree to deviate from the statutory guidelines for maintenance. In the event of a dispute, a court can deviate if the guideline amount is found to be unjust or inappropriate after considering factors such as 18:

  • The marital standard of living established during the marriage.
  • The age and health of both parties.
  • The present and future earning capacity of each party.
  • The need of one party to incur education or training expenses to become self-sufficient.
  • Any reduced or lost earning capacity of the receiving spouse due to having delayed or forgone career opportunities during the marriage.
  • The contributions and services of the receiving spouse as a parent, wage earner, and homemaker.
  • The equitable distribution of marital property and the income generated from those assets.
  • The tax consequences of the maintenance award for each party.
  • The existence and duration of a pre-marital joint household or a pre-divorce separate household.
  • The wasteful dissipation of marital property by either party.48
  • The availability and cost of health insurance for each party.47

IV. Division of Marital Property and Debts

 

4.1. Equitable Distribution. The parties acknowledge that New York is an equitable distribution state, which means marital property and debts will be divided in a manner that is fair, but not necessarily equal .

4.2. Property Classification.

  • Marital Property: All assets acquired by either or both spouses during the marriage and before the execution of this Agreement, regardless of whose name is on the title . This includes real estate, bank accounts, retirement funds, businesses, investments, and vehicles .
  • Separate Property: Property acquired before the marriage, inheritances, or gifts from a non-spouse are considered separate property and are not subject to division . However, separate property can lose its characterization through “commingling,” for example, if a spouse adds their partner’s name to a bank account or deed they owned before the marriage .

4.3. Division of Assets.

  • Marital Residence: “
  • Option A: The parties agree to sell the marital residence and divide the net proceeds equally. The agreement should specify a timeframe for the sale and how a realtor will be chosen.52
  • Option B: shall buy out interest in the marital residence for the sum of “. The buying spouse shall refinance the mortgage in their sole name to remove the other spouse’s liability within [e.g., 6 months] from the execution of this Agreement.52
  • Option C: “ shall have exclusive occupancy of the marital residence until [e.g., the youngest child graduates high school] .
  • Other Property: The parties shall divide all other marital assets, including bank accounts, retirement accounts (such as pensions, IRAs, and 401(k)s), vehicles, business interests, and personal property, as follows: “.25

4.4. Division of Debts.

  • Marital Debt: All debts incurred during the marriage, such as [e.g., mortgage, car loans, credit card debt], are marital debts subject to equitable distribution.54
  • Separate Debt: Debts incurred before the marriage or after the date of separation are considered separate debts and remain the responsibility of the party who incurred them.54
  • The parties agree to divide marital debts as follows: “.54 The party assigned a debt agrees to indemnify and hold the other party harmless from any future liability to the third-party lender, but the parties acknowledge that this does not remove the other party’s liability to the lender if their name is on the loan.27 In dividing the debt, the parties have considered factors such as each spouse’s income and earning capacity, who primarily benefited from the debt, and whether the debt was incurred through financial misconduct.56

V. Health Insurance and Other Final Provisions

 

5.1. Health Insurance. The parties acknowledge that a spouse’s eligibility for employer-sponsored health insurance typically ends upon legal separation.37 The spouse who loses coverage may be eligible to elect COBRA continuation coverage for up to 36 months by notifying the plan administrator within 60 days of the qualifying event. However, the person electing COBRA is responsible for paying the entire premium plus a potential administrative fee . For children, parents must provide health insurance as part of the child support order.37 The cost of the premium is considered a mandatory add-on expense, and the parents share it on a pro-rata basis according to their incomes.10

5.2. Life Insurance. The parties shall maintain life insurance policies as follows to secure support obligations: “.37

5.3. Taxes. The parties agree to file their taxes [e.g., jointly, separately] for the “ tax year. The parties agree that [Parent’s Name] shall claim the children as dependents for federal and state income tax purposes.20

5.4. Attorney Fees. Each party is responsible for their own attorney fees in connection with the preparation and execution of this Agreement. In the event of a breach of this Agreement, the non-breaching party shall be entitled to recover reasonable attorney fees and costs incurred to enforce its terms.1

5.5. Full and Final Agreement. This Agreement contains the entire understanding of the parties and supersedes all prior discussions or agreements between them. No promises or inducements not expressed herein have been made to either party.31

5.6. Acknowledgment. Both parties acknowledge that they have been advised of their right to seek independent legal counsel before signing this Agreement, and they have done so, or have knowingly waived that right.7 Each party further acknowledges that this Agreement is fair and is not the result of any fraud, duress, or coercion.10

VI. Execution and Filing

 

This Agreement is a legal and binding contract as soon as it is signed by both parties and notarized.3 It is highly recommended that the Agreement be filed with the County Clerk’s Office in the county where either party resides to protect the original document and to enable it to be used as a basis for a future conversion divorce.3 The filing fees can vary by county, but in New York City, it requires purchasing an index number for $210 .

`[Printed Name]` Date:

`[Printed Name]` Date:

 

VII. Verification and Notary Public Acknowledgment

The parties, by signing and having this Agreement notarized, affirm that they have read this document in its entirety, understand its terms, and are signing it voluntarily and without duress or coercion. The Agreement becomes legally binding upon notarization.

STATE OF NEW YORK COUNTY OF “

On this day of, 20“, before me, the undersigned, personally appeared [Husband’s Name], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual executed the instrument.

Notary Public

STATE OF NEW YORK COUNTY OF “

On this day of, 20, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual executed the instrument.

Notary Public

`[Printed Name]` Date:

`[Printed Name]` Date:




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