Consent Judgment of Divorce

[case caption]

CONSENT JUDGMENT OF DIVORCE At a session of the Court, held in ______, Michigan

on: ______

PRESENT: ______Judge

Plaintiff filed this action for divorce on [date]. Defendant [was served (personally/by mail) with] [accepted service of] the initial pleadings, and filed an Answer. The parties negotiated and entered into a settlement agreement [through mediation] on all issues, the terms of which [were placed on the record in open court by the parties and their attorneys, and which] are set forth in this Judgment [and in a Property Settlement Agreement signed by the parties]. This action came before the court for entry of a Judgment.

THE COURT FINDS, from the pleadings and papers on file with the court and from testimony in open court, that it has subject matter jurisdiction and personal jurisdiction over plaintiff and defendant, and that it has authority to enter this Judgment.

THE COURT ALSO FINDS that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

IT IS ORDERED:

DIVORCE

1. Divorce: The marriage between plaintiff, [name], and defendant, [name], is dissolved, and the parties are granted a divorce from the bonds of matrimony.

2. Surviving Spouse Rights Extinguished: [Except as otherwise provided in ¶ [#] of this Judgment, all] [All] rights, claims and interests (known as surviving spouse rights) that each party has arising under the estates and protected individuals code, being MCL 700.1101 et seq., including but not limited to the following, are extinguished: (a) the right to a surviving spouse's share from the deceased party's intestate estate under § 2102, and the surviving spouse's right of election from a deceased party's testate estate under § 2202. (b) the right to receive a homestead allowance under § 2402. (c) the right to receive a family allowance from the other party's estate under § 2403. (d) the right to receive household furniture, automobiles, furnishings, appliances and personal effects (known as "exempt property") under § 2404. (e) all of the following rights which are expressly made by the other party in a governing instrument executed before the date of this Judgment: the right to receive a disposition or appointment of property, the right to exercise a power of appointment, the right to serve as an appointed fiduciary or representative capacity (including as a personal representative, trustee, conservator, agent or guardian). A governing instrument means a deed; will; trust; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type.

PREGNANCY

3. Pregnancy: [Plaintiff/Defendant], [name], is not pregnant. 3. Pregnancy and Paternity: [Plaintiff/Defendant], [name], is pregnant, and the expected date of birth is [date]. [(Defendant/ Plaintiff), (name), is (not) the father of the child.] [Paternity of the unborn child is unknown, and the issue of paternity is reserved for later determination by the court.]

NO MINOR CHILDREN

4. No Minor Children: There are _____ children of the parties or born during the marriage, [both/all] of whom are now over the age of 18 and have graduated from high school.

SPOUSAL SUPPORT BARRED

5. Spousal Support Barred: Neither party is entitled to receive, and neither party is obligated to pay, spousal support, and all their claims and obligations concerning spousal support are forever barred, released and waived.

NO UNIFORM SUPPORT ORDERS

6. No Uniform Support Orders: As no child support or spousal support is being ordered, no Uniform Support Order (or Judgment Information Form) is required.

COBRA HEALTH CARE INSURANCE COVERAGE

7. COBRA Coverage: Continuation health care insurance coverage for [name of uninsured spouse] ("qualified beneficiary") is available through [name of employee]'s ("participant") employer under the provisions of COBRA (the Consolidated Omnibus Reconciliation Act of 1985, Pub L 99-272, 100 Stat 388). Qualified beneficiary does not have health care insurance, and qualifies for COBRA coverage for up to the maximum three-year period allowed under COBRA, consistent with plan provisions. Within 60 days after this Judgment is entered, participant and qualified beneficiary shall notify the employer and plan administrator that a divorce has occurred, and that qualified beneficiary should be contacted regarding COBRA benefits. Qualified beneficiary shall promptly provide the employer and plan administrator with current mailing address information. The parties shall cooperate in the preparation and processing of the forms and documentation needed to effectuate this provision. If qualified beneficiary timely elects to obtain and maintain such coverage,

[Option 1: Nonparticipant pays premiums]

[he/she] shall be responsible for timely payment of the required premiums.

[Option 2: Employee/participant pays premiums; with tax options]

participant shall be responsible for timely payment of the required premiums for three years or until qualified beneficiary dies [, remarries] or is no longer eligible for the coverage, whichever first occurs. The payment of premiums by participant shall [not] be deductible by participant under IRC § 215 [or/and] taxable to qualified beneficiary under IRC § 71. Upon default in payment, qualified beneficiary may apply to the court for relief, and participant shall be responsible for payment of all of the resulting uninsured health care expenses incurred by qualified beneficiary. Costs and fees involved in the application, carrying out, and enforcement of such relief shall be paid by participant. If participant dies while this obligation is still in existence the amount of unpaid past and future COBRA continuation premiums shall constitute a claim against participant’s estate.

PROPERTY DIVISION PROVISIONS

8. Life Insurance, Endowment and Annuity Policies and Contracts: The rights of the parties concerning policies or contracts of life insurance, endowments and annuities are as follows: (a) Ownership: [Except as otherwise provided in ¶ [#] of this Judgment, each] [Each] party is awarded, as his or her sole and separate property and free from any claim by the other, and each party assigns to the other, all ownership rights with respect to the following policies and contracts, even if upon the life of the other party, and all rights each party had therein are extinguished: To plaintiff: (1) regular group and optional (extra) self, spouse and dependent life insurance and accidental death insurance and annuities provided by or obtained through [his/her] [employment at] [membership in] [business known as] [company, union or business name]. (2) [state company name and policy number]. (3) [state company name and policy number]. (4) any and all other currently existing policies. To defendant: (1) regular group and optional (extra) self, spouse and dependent life insurance and accidental death insurance and annuities provided by or obtained through [his/her] [employment at] [membership in] [business known as] [company, union or business name]. (2) [state company name and policy number] (3) [state company name and policy number] (4) any and all other currently existing policies. (b) Continuation/Loans: [Except as otherwise provided in ¶ [#] of this Judgment, neither] [Neither] party is required to maintain, and either party may cancel, the policies and contracts awarded to him or her. If a loan has been taken against any policy or contract, the party awarded ownership shall assume and pay, and hold the other party harmless on, the loan. (c) Proceeds: [Except as otherwise provided in ¶ [#] of this Judgment, all] [All] rights, claims and interests that each party has in and to the proceeds of policies or contracts upon the life of the other party (former spouse) which are not owned by the party, and with respect to which the other party (former spouse) has the right to designate beneficiaries, and in which the party was named or designated (expressly or descriptively) as a beneficiary, contingent beneficiary or otherwise, or became entitled by assignment or change of beneficiary during or in anticipation of marriage, are extinguished; and the proceeds shall be payable according to the terms of the policies and contracts (except to the excluded party) or as the other party (former spouse) later designates. If a party chooses to maintain a policy or contract awarded to him or her, he or she may name any person or persons, or trusts created as part of an estate plan, as the beneficiary or beneficiaries. (d) Policies Not Owned By Parties - Not Able To Designate Beneficiary: None of the rights, claims and interests that either party has in and to the proceeds of any policy or contract upon the life of either party, which policies or contracts are not owned by either party, and with respect to which neither party has the right to designate beneficiaries, are affected by this Judgment and their rights remain subject to the terms of the policies and contracts and the rights of the owners of the policies and contracts. (e) Notice To Administrator; Documentation: The parties shall serve a copy of these provisions on the companies or organizations that issued the policies and contracts. Both parties shall promptly and properly execute, acknowledge and deliver all documents as are necessary or appropriate and reasonably required by the companies or organizations to give full force and effect to, and to carry out, the terms of this paragraph. (f) Modification: If these provisions are determined by the administrators of the companies or organizations that issued the policies and contracts of life insurance, endowments and annuities, to not meet the company or organization requirements, the parties shall to submit to and request a court of competent jurisdiction to enter an order modifying these provisions to make them comply with the policies and contracts; provided, however, that any modifying order shall not modify the parties' intent and interests as herein expressed.

9. Pension, Annuity and Retirement Plans: Except as provided elsewhere in this Judgment, each party is awarded, as his or her sole and separate property and free and clear of any claim by the other party, all rights and contingent rights in and to vested and unvested pension, annuity, and retirement plan benefits, and in and to accumulated contributions in any pension, annuity, and retirement system, payable to or on behalf of the party on account of service credit accrued by the party before, during and after marriage; and all rights, claims and interests that each party has in and to the proceeds (including survivorship proceeds) of any such plans of the other are extinguished; and the proceeds shall be payable according to the terms of the plans (except to the former spouse). This includes the following pension, annuity and retirement plans: (a) To plaintiff: [list plan names, sources (e.g., employers) and annuity contracts]. (b) To defendant: [list plan names, sources (e.g., employers) and annuity contracts].

10. Qualified Domestic Relations Order: The court adopts and incorporates, without merger, the Qualified Domestic Relations Order (QDRO) entered this same date concerning [defendant's/plaintiff's] interests in the [name of plan].

11. Eligible Domestic Relations Order: The court adopts and incorporates, without merger, the Eligible Domestic Relations Order (EDRO) entered this same date concerning [defendant's/plaintiff's] interests in the [name of plan].

12. Qualified Court Order: The court adopts and incorporates, without merger, the Qualified Court Order (QCO) entered this same date concerning [defendant's/plaintiff's] interests in the [identification of account or plan].

Drafting Note: If you are using a separate property settlement agreement, you can use the following clause at this point, and the rest of the property and debt clauses can appear there, instead of in the Judgment. Continue at ¶ 32.

13. Property Settlement Agreement: The terms of the property settlement agreement entered into by the parties on [date], a copy of which is in the possession of each party, have been reviewed by the court, are hereby approved and incorporated (but not merged) into this Judgment by reference, and shall constitute the property division in this action.[This court reserves jurisdiction to interpret and enforce, but not to modify, the provisions of the property settlement agreement.]

14. Residence: The residence of the parties, located at [address], and legally described as [legal description], including insurance thereon [and any mortgage escrow account balance], is awarded to [plaintiff/defendant], [name] ("grantee"), as [his/her] sole and separate property, free and clear of any claim by [defendant/plaintiff], [name] ("grantor"), [except as set forth in ¶ __ of this Judgment]. With regard to the residence: (a) Liens and Expenses: Grantee receives the property subject to the [mortgage, land contract, equity loan] thereon, and shall assume and pay all ownership expenses (i.e., mortgage, land contract, equity loan, real estate taxes, special assessments, homeowner's insurance premiums, homeowner's association dues), and occupancy expenses (i.e., maintenance and utilities, including water and sewer), and shall hold grantor harmless and indemnify grantor from any cost or expense with respect to those obligations [after (date)]. (b) No Other Liens: Grantor warrants and represents that grantor knows of no lien on the property, other than the current first mortgage to [bank] [and the equity loan to (bank)]. [Grantor shall not have access to, or use of, the equity loan account.] Grantor is responsible for payment of the [mortgage, land contract, equity loan] through [date], and represents and warrants that grantor has done so. (c) Refinancing: Grantee shall immediately [use grantee's best efforts to] refinance the property in order to release grantor's name from the [mortgage, land contract, equity loan]. [, and to raise the funds needed to comply with ¶ __, concerning a sum to be paid to grantor]. (d) Occupancy: Grantee is given exclusive occupancy rights, possession and control of the property. Grantor shall vacate the property on or before [date or event]. However, grantor shall pay [an equitable portion] [____%] of the occupancy expenses incurred during the period of time grantor resides there, and all of grantor's personal living expenses. (e) Transfer Documents: Grantor shall forthwith execute a [quit-claim deed/assignment of land contract] in recordable form conveying all of grantor's right, title and interest in the property to grantee; and, if needed, assignments of the homeowner's insurance policy, the title insurance policy, and of the funds held in escrow by the mortgagee for the payment of taxes and insurance (if any). The transfer documents shall be [made subject to the lien provided for elsewhere in this Judgment, and shall] be held by grantor's attorney. They shall be delivered to grantee [forthwith] [when the sum set forth in ¶ __ has been paid in full] [when a lien (mortgage) in recordable form as required by ¶ __ has been delivered] [date or event]. Grantor shall cooperate in arranging for tax bills on the property to be mailed to the grantee. (f) Recording: Upon failure to comply with the above subparagraph, a certified copy of this Judgment, recorded in the Register of Deeds office for the County where the property is located, shall operate to convey title, and to assign the policies, and upon delivery to the mortgagee shall act as a transfer of all other funds held in relation to this property. Grantor shall reimburse grantee for all costs and expenses, including reasonable attorney fees, incurred in certifying and recording the Judgment. (g) Documentation: Grantor shall deliver to grantee any records or documents concerning the purchase, maintenance, and improvement of the property (including those affecting the tax basis of the property), and any purchase, repair and warranty documents concerning equipment and appliances in the property, that are in grantor's possession. (h) Tax Considerations: Grantor shall be entitled and allowed to claim [all] [half] of the mortgage interest and real estate taxes paid on the property through [date] on grantor's separate income tax returns for 200__. Grantee shall be entitled and allowed to claim all other such amounts paid. 15. Personal Property: Each party is awarded and shall retain as his or her own separate estate all of his or her items of personal property (e.g., clothing, jewelry, books, personal papers, recreation and hobby equipment, supplies and accessories, etc.), free and clear of any claim by the other party. If either party locates an item of personal property which in all honesty and good faith belongs to the other party, he or she shall promptly notify, and make the item available to, the other party. Neither party shall damage or discard any item belonging to the other party for 30 days after giving such notice to the other party.

16. Household Contents: Except for the items listed below, [plaintiff/defendant] is awarded all the household furniture, furnishings, decorations, equipment, appliances, contents and supplies, located in the marital residence, free and clear of any claim by the [defendant/plaintiff]. [Plaintiff/Defendant] shall not damage or discard any item awarded to [defendant/plaintiff]. [Defendant/Plaintiff] shall be allowed to remove the items awarded to [her/him] [by (date)] [within 30 days after entry of this Judgment], with any item not removed by that date to be deemed abandoned and to remain [plaintiff's/defendant's] property: [list items to be removed, or refer to and incorporate a prepared list].

17. Vehicles and Vehicle Insurance: Each party is awarded, and shall receive, the following specified vehicles (including insurance policies thereon) free and clear of any claim by the other party, and each shall assume and pay any lien or lease amount owing thereon and shall hold the other harmless on any amount owing thereon and from any claim, charge, cost or liability arising out of the ownership, lease, maintenance, or operation thereof. The parties shall promptly meet at a Secretary of State office to sign documents of title to carry out this paragraph, if necessary, or a copy of this Judgment may be presented to licensing authorities with the same effect. (a) To plaintiff: [year, make and model], VIN # ______. [year, make and model], VIN # ______. (b) To defendant:[year, make and model], VIN # ______. [year, make and model], VIN # ______.

18. Accounts at Financial Institutions: Each party is awarded, as his or her own separate estate, free and clear of any claim by the other party, the following specified accounts at financial institutions: (a) To plaintiff: [name of institution, account type and/or partial #] [name of institution, account type and/or partial #] (b) To defendant:[name of institution, account type and/or partial #] [name of institution, account type and/or partial #] 19. IRA Account Divided: The [name of financial institution] IRA account identified as account #_____ shall be divided equally between the parties by creating a new IRA account for the [plaintiff/defendant] and transferring half of the balance of the existing IRA as of the date of the transfer to the newly created account.

20. Stock Fund/Mutual Fund Divided: The parties shall equally divide or cause to be equally divided through transfer or reissue, into their separate names, the [company name] [stock] [mutual] fund. Each party shall pay half of the cost of the issuance, reissuance or transfer. Dividends declared, but not paid, prior to such division shall be divided equally by and between the parties upon receipt, and each party shall report the receipt of his or her share of the dividends on his or her individual tax returns.

21. UTMA Fund Management: [Plaintiff/Defendant] currently manages funds held as custodian in the names of the parties' children under the Uniform Transfers to Minors Act (MCL 554.521 et seq.). [Plaintiff/Defendant] shall maintain and use them only as allowed by Michigan law.

22. Business Interests: [Plaintiff/Defendant] is awarded, as [his/her] sole and separate property, free from any claim or interest of [defendant/plaintiff], but subject to all other claims, charges or liabilities, from which [he/she] shall hold [defendant/plaintiff] harmless, all of the parties' interests in the business known as [business name], whether such interests are held in the nature of corporate shares, partnerships, joint ventures, or sole ownership, and including equipment, supplies, inventory, accounts receivable, cash in accounts, customer lists, vehicles, fixtures, goodwill and all other assets of the company [as listed on the company's balance sheet dated (date)]. [Defendant/Plaintiff] shall execute and deliver quitclaim deeds, bills of sale, stock transfer forms, assignments, or other transfer documents, in proper form, necessary or convenient to the transfer of the business assets to [plaintiff/defendant]. Any debt incurred for the business shall be (as between the parties) the sole liability and responsibility of [plaintiff/defendant], who shall [assume and pay them and] hold [defendant/plaintiff] harmless from any cost or expense or liability thereon.

23. Separate Debts: [Except as otherwise provided in this Judgment, each] [Each] party shall remain responsible for all debts, obligations and charges incurred in his or her own name at any time and shall hold the other party harmless from any and all cost or expense in relation to them.

24. Joint Debts: [Plaintiff/Defendant] shall assume and timely pay in accordance with the terms thereof, and hold [defendant/plaintiff] harmless from any and all cost or expense in regard to, the following joint debt(s), obligations and charges of the parties as of [date]: [describe debts by creditor name and partial account number]. Neither party shall use the account(s) to incur further debt. [Plaintiff/Defendant] shall, [within ___ days after entry of this Judgment] [before (date)], pay off the outstanding balance on the [creditor name] account directly or by transferring the balance to an account for which [defendant/plaintiff] is not responsible, in order to release [defendant/plaintiff] from any obligation. The account(s) shall be closed when the balance is paid off.

PROVISIONS CONCERNING INCOME TAXES

25. Past Joint Tax Returns: The following provisions control the responsibilities of the parties with regard to the joint federal and state and local income tax returns filed by them during the marriage: (a) Preparation: Each party represents that the information contained on the returns is, to the best of his or her information, knowledge and belief, true and accurate and complete. (b) Copies: Each party has complete, readable, photocopies of the tax returns for the last six years. (c) Notice: Each party represents that no tax deficiency proceeding or audit on the returns is pending or threatened. Each party shall promptly notify the other party in writing if he or she learns of any deficiency proceeding, audit or assessment which may be made upon any of the returns, or of any inaccuracy in or omission from the information contained in the returns. (d) Payment of Deficiency: Each party shall pay any amount which may ultimately be determined to be due (including any interest and penalties), over and above the amounts which have already been paid to the respective tax authorities, to the extent the additional amounts due are attributable to nondisclosure or inaccurate disclosure by him or her of income and expenses. (e) Refund Upon Amendment: If an amended return is prepared and filed by the parties that results in a refund, the refund shall be equally divided by the parties. (f) Hold Harmless: Each party shall hold the other party harmless from any cost or expense, including accountant and attorney fees, incurred as a result of errors or omissions he or she committed in the submission of information or preparation of the tax returns.

26. Final Joint Tax Returns: The parties shall file joint federal and state [and local] income tax returns, as married persons, for the [year] tax year. In this regard: (a) Preparation: The parties, at [plaintiff's/defendant's/their equal] expense, shall promptly [have a professional tax return preparer] prepare the returns. Each party shall timely gather and furnish the information necessary to prepare the returns, and cooperate in every way. (b) Filing: The parties shall promptly execute and file the returns, and any amendments later filed, upon preparation. (c) Tax Amounts Due: Any tax amount due under the returns shall be assumed and paid by [plaintiff/defendant/the parties equally] [the parties in accordance with the ratio that their separate earned incomes have to their total combined adjusted gross income, taking into account amounts withheld or paid by each parties], and [plaintiff/defendant/each party] shall hold the [defendant/plaintiff/other party] harmless thereon.

[Option 1: refunds awarded to a party]

(d) Refunds: Any refund received under the returns shall be [plaintiff's/defendant's] property. The party who receives a refund check shall immediately report the receipt to the other party. The [defendant/plaintiff] shall promptly sign and deliver the check to the other party.

[Option 2: refunds divided] (d) Refunds: Any refund received under the returns shall be divided between the parties [equally] [in accordance with the ratio that their separate earned incomes have to their total combined adjusted gross income, taking into account amounts withheld or paid by each party]. The party who receives a refund check shall immediately report the receipt to the other party. The parties shall meet at a financial institution when the check arrives, and sign it so that it may be cashed and divided.

(e) Hold Harmless: Each party shall hold the other harmless from any taxes, penalties, interest, late fees, costs or other expense imposed upon the return or otherwise incurred as a result of errors they commit, or by inaccuracies in or omissions of information they submit, or from their delays in providing information, preparing, signing or filing the return. Each shall be liable only to the extent of the error, inaccuracy, omission or delay caused by him or her. (f) Failure to Comply: If a party fails to comply with the provisions of this paragraph, he or she shall be liable to the other party for all damages incurred by the other party as a result of the failure, including taxes, penalties, interest and all related expenses (including but not limited to attorney and accountant fees).

27. Tax Consequences: [Except as otherwise provided, each] [Each] party shall be responsible for any tax consequences relating to any property he or she receives or transfers or payments he or she receives or makes under this Judgment.

28. Tax Advice: Each party acknowledges that he or she: has been advised to seek independent and specific advice as to the tax consequences of the provisions contained in this Judgment; had the opportunity to retain his or her own tax advisor; has received only general tax information from his or her attorney; and is relying on himself or herself or other sources for specific advice.

PROVISIONS CONCERNING ATTORNEYS

29. Release of Attorneys: [Except as otherwise expressly provided in this Judgment, the] [The] attorneys for the parties are released as attorneys of record 21 days after entry of this Judgment with respect to postjudgment proceedings unless specifically retained by their respective client for such postjudgment action.

30. Attorney Fees: [Plaintiff/Defendant] shall pay [his/her] own litigation expenses, attorney fees and costs. [Plaintiff/Defendant] shall also pay $_____ to [defendant's/plaintiff's] attorney under the following terms: [set forth terms, such as: forthwith; within ___ days after entry of this Judgment; at the rate of $______per month until paid in full; one-third within 30 days after the entry of this Judgment, one-third within 60 days and the balance within 90 days after entry of this Judgment]. [Defendant/Plaintiff] shall be responsible for, and pay, the balance of [her/his] attorney fees and costs. 31. Attorney Liens: The attorneys of the parties are granted liens on their respective client's property interests to secure payment of fees and expenses.

PROVISIONS CONCERNING PROCEDURES

32. Discovery Waived: The parties acknowledge that they have a right to compulsory processes to assist in discovery or verification of facts relevant to their respective rights and obligations, including the right to question each other and others under oath at a deposition and to subpoena documents. The parties acknowledge that they have not requested their attorneys to conduct any such discovery [and, instead, have asked them not to do so,] despite their right to have it done, and that by consenting to entry of this Judgment they are waiving such rights to the extent not exercised.

33. Recording of Judgment: A certified copy of this Judgment may be recorded with the register of deeds in any county of this state where property may be located, or filed with any appropriate state, county, city, township or other governmental office or officials, or provided to any agency or institution, including financial institutions, and the recording, filing or provision thereof shall have the same effect as an otherwise proper document.

34. Trial Waived: By signing below the parties approve of and agree to the terms contained herein, and acknowledge that they could receive more, less, or the same terms as provided herein if they proceeded through trial, which is waived.

35. Retention of Continuing Jurisdiction: The court retains continuing jurisdiction over this action and over the parties and their property to interpret, carry out and enforce, but not to modify (except as provided by law), the provisions of this Judgment upon motion. The court shall hear and determine the motion and enter orders in lieu of other documentation, impose liens, order specific performance, appoint receivers, and require the sale of property to satisfy the obligations herein. The court shall take into account the nature of the motion or relief requested and the outcome, and shall award costs and reasonable attorney fees as it finds to be just and equitable.

36. Prior Orders Vacated: All orders previously entered in this action are hereby vacated [including ...].

PROVISIONS IN AID OF AGREEMENT

37. Disclosures: By signing this Judgment: (a) Disclosure Assurances: Each party represents and warrants that he or she has, during the pendency of this action, fully disclosed to the other party all of their property, claims, rights of action, beneficial interests, debts, liabilities, liens and claims that he or she has or may have, and particularly all those having a value greater than $[250.00]. [Each party has made this disclosure through his or her answers to discovery requests.] [Each party testified on the record in open court that he or she fully disclosed such matters to the other party.] [The parties have received and initialed a list of their property dated (date) that is substantially and materially current, complete and accurate.] (b) Further Assurances: Each party represents and warrants that he or she has no interest (in his or her name alone, jointly with others, or in another's name for his or her benefit) in any real estate, pension or retirement plan, bonds, stocks, savings bonds, certificates of deposit, investments, accounts at financial institutions, insurance policies, vehicles, or more than [$250.00] cash, other than those that have been so disclosed and divided between them in this Judgment. (c) Reliance on Disclosures: Each party acknowledges that his or her disclosures were made with the knowledge and intent that the other party would rely on them in negotiating a settlement in this action, and further acknowledges that the other party has relied upon the disclosures in accepting and agreeing to the provisions of this Judgment. (d) Nondisclosure and Misrepresentation: If a party knowingly failed to disclose, hid or misrepresented a property item, then the other party shall recover ____ % of the property item or ____% of the property's value [as of (date)] in cash, at his or her choice, plus the actual and reasonable costs and attorney fees incurred in discovering the property, proving the failure or misrepresentation, and obtaining the property or collecting the value. (e) Property Item Denied: [Plaintiff/Defendant] declares that [he/she] has never had, and does not now have, any ownership interest in [property item in question].

38. Execution of Documents: Each party shall at any time and from time to time hereafter promptly take any and all steps necessary to properly execute, acknowledge and deliver to the other party all legal instruments or documents or other assurances as are necessary or appropriate and reasonably required by the other party to give full force and effect to, and to carry out, the terms of this Judgment. Upon failure of a party to comply with this paragraph without cause, that party shall reimburse the other party for all costs and expenses, including reasonable attorney fees, incurred in certifying or otherwise documenting the terms of this Judgment as needed to give full force and effect to, and to carry out, its terms.

39. Release of All Claims: Except as is otherwise expressly provided in this Judgment, the parties fully release and discharge each other, and his or her heirs, estates, personal representatives, successors and assigns of and from any and all actions, suits, debts, claims, demands and obligations of every nature, kind and description, both in law and equity, which either of them have against the other, to the date of the entry of this Judgment.

40. Waiver of Breach: No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default.

41. Final and Binding: The provisions of this Judgment, along with any other Orders to be entered and documents to signed, constitute a full, complete and final disposition of the property and all other rights and interests of the parties, and is declared to be binding on the parties, their heirs, estates, personal representatives, administrators, successors and assigns.

42. Understanding Agreement: Each party acknowledges that he or she has carefully read all the provisions of this Judgment, and understands them.

43. Voluntary Agreement: The parties are signing this Judgment freely and voluntarily. Neither party is acting under duress or force in doing so, nor have any threats or promises not made in this Judgment been made to get them to sign. Rather, they are signing because they believe that the provisions of this Judgment are fair to both parties under all of the circumstances.

44. Name Change: [Plaintiff's/Defendant's] current name, [name], is changed, and she shall now be known as [complete new name].

APPROVED AS TO FORM AND CONTENT; NOTICE AND HEARING ON ENTRY WAIVED; ENTRY STIPULATED:

______[typed name], Plaintiff [typed name], Defendant

APPROVED AS TO FORM; NOTICE AND HEARING ON ENTRY WAIVED:

______[attorney name and bar number] [attorney name and bar number] Attorney for Plaintiff Attorney for Defendant

[Option 1: with children or modifiable spousal support]

UNDER MCR 2.602(A)(3): This Judgment resolves the last pending claim and closes the case, except as to those issues (e.g., child custody, parenting time and support) which remain under the Court's continuing modification jurisdiction.

[Option 2: without children or modifiable spousal support]

UNDER MCR 2.602(A)(3): This Judgment resolves the last pending claim and closes the case.

______Judge