1 ZANETE ARANCIBIA
510 S ALEXANDRIA AVE
2
APT 206
3 LOS ANGELES, CA 90020
Tel (323) 572-0860
4 Fax
Email:
[email protected] 5
6
SUPERIOR COURT OF CALIFORNIA
7 LOS ANGELES COUNTY STANLEY MOSK COURTHOUSE
8 ZANETE ARANCIBIA, Case No.: 24STFL06079
9 Plaintiff,
10 MARRIAGE SETTLEMENT AGREMEENT
vs.
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ARNOLD ARANCIBIA,
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Defendant
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MARITAL SETTLEMENT AGREEMENT
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1. INTRODUCTORY PROVISIONS
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17 1. 1.01 IDENTIFICATION OF PARTIES.
______This agreement is made between Arnold Arancibia_, hereafter referred to as
18 “Husband” and. Zanete Arancibia , hereafter referred to as “Wife”.
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2. 1.02 DATE OF MARRIAGE.
20 ______The parties were married on _____________________, at _______________, and ever
since then have been and are husband and wife.
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1. 1.03 DATE OF SEPARATION.
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______The date of separation of the parties was ________________________________.
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2. 1.04 IRRECONCILABLE DIFFERENCES.
24 ______Irreconcilable differences have led to the irremediable breakdown of the marriage,
and there is no possibility of reconciliation.
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26 1.06 PURPOSE OF AGREEMENT.
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______Except as otherwise provided in this agreement, the purpose of this agreement is to make
28 a final and complete settlement of all rights and obligations between the parties, including all
ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 1
1 property rights and, if applicable, all rights and obligations concerning child custody and
visitation, child support, and spousal support.
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3 .1.07 WAIVER OF FINAL DECLARATIONS OF DISCLOSURE. ______Each party hereby
waives the requirements of Family Code section 2105(a) that requires the parties serve on each
4 other final declarations of disclosure and income and expense declarations. As required by
Family Code section 2105(c), the parties hereby declare as follows:
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.(a) Both parties have complied with Family Code section 2104 and the preliminary declarations
6 of disclosure have been completed and exchanged;
.(b) The parties have completed and exchanged current income and expense declarations;
7 .(c) Each party has entered into this waiver knowingly, intelligently, and voluntarily; and,
.(d) Each party understands that by entering into this waiver he/she may be affecting his/her
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ability to have the judgment set aside as provided by law.
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2. SPOUSAL SUPPORT.
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2.01 RESERVATION OF JURISDICTION. ______The court in the parties’ dissolution
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action shall reserve jurisdiction over the issue of spousal support payable to ___ Husband
12 ___Wife, until the remarriage of that party, either party’s death, or modification or termination
by further court order, whichever occurs first. Spousal support may be ordered payable following
13 this reservation of jurisdiction only upon a proper showing of a change of circumstances.
2.03 TERMINATION OF JURISDICTION. ______ ____ Husband and/or ____ Wife
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hereby waive(s) and release(s) all rights and claims to receive support from the other party at any
15 time. No court shall have jurisdiction to order spousal support payable by ____ Husband or
____ Wife to the other party at any time, regardless of any circumstances that may arise.
16 2.04 MAINTENANCE OF HEALTH INSURANCE FOR SUPPORTED SPOUSE.
______(Name) ___________________ shall maintain coverage for (name) ___________
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_________________ under the medical and dental insurance currently provided through his/her
18 employment until the effective date of the termination of the parties’ marital status, provided the
coverage remains available until that date on substantially the same terms as at present. To
19 facilitate the use of such coverage for __________________________, both parties shall
cooperate fully and in a timely manner, including, but not limited to, obtaining and providing all
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necessary insurance cards and claim forms, completing and submitting all necessary documents,
21 and delivering all insurance payments. If such insurance becomes unavailable to
____________________ before the marital status termination date on substantially the same
22 terms as at present, he/she shall provide similar coverage, if any, available to him at no cost or
reasonable cost.
23 1. 3. PROPERTY.
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5.01 IDENTIFICATION AND CONFIRMATION OF SEPARATE PROPERTY.
25 5.01(A) HUSBAND’S SEPARATE PROPERTY. ______The following is/are the separate
asset(s) and obligation(s) of Husband, to be confirmed to him as his separate property. Wife
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disclaims and waives any and all rights and interest in these assets. Husband shall pay the
27 obligation(s) and hold Wife harmless from these liabilities (continued on Exhibit “C” if required,
incorporated herein by reference):
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ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 2
1 5.01(B) WIFE’S SEPARATE PROPERTY. ______The following is/are the separate asset(s) and
2 obligation(s) of Wife, to be confirmed to her as her separate property. Husband disclaims and
3 waives any and all rights and interest in these assets. Wife shall pay the obligation(s) and hold
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Husband harmless from these liabilities (continued on Exhibit “D” if required, incorporated
herein by reference):
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OTHER PROPERTY PROVISION.
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DISPOSITION OF AFTER-ACQUIRED ASSETS.
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____All assets acquired by either party after the date of separation of the parties shall
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be the separate property of the party acquiring them, and each party disclaims and waives
9 any and all rights and interest in each asset acquired by the other after that date.
10 ALLOCATION OF INCOME TAX REFUNDS.
11 _____Husband shall receive ________ percent of the anticipated refunds in connection
12 with the parties’ joint federal and state income tax returns for the tax year ________.
Wife shall receive ________ percent of the anticipated refunds in connection with the
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parties’ joint federal and state income tax returns for the tax year ________.
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OTHER GENERAL PROVISIONS.
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_____The parties stipulate to the following additional terms of this agreement:
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WARRANTY OF FULL DISCLOSURE OF EXISTENCE OF LIABILITIES. ______Each
17 party warrants to the other that he or she neither has incurred nor shall incur, on or before the
18 effective date of this agreement, any liability not disclosed and listed in this agreement on which
19 the other is or may become personally liable or that could be enforced at any time against an
20 asset held or to be received under this agreement by the other party.
21 REMEDY FOR BREACH. ______If either party has incurred or does incur, on or before
the effective date of this agreement, any liability not disclosed and listed in this agreement on
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which the other is or may become personally liable or that could be enforced at any time against
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an asset held or to be received under this agreement by the other party, that warrantor shall fully
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indemnify the other with respect to the obligation, including, but not limited to, any and all
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liability on the obligation, attorney fees, and related costs. This provision shall not be deemed to
26 impair the availability, in a Court of competent jurisdiction, of any other remedy arising from
27 nondisclosure of such liabilities.
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ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 3
1 . 10.03(A) WARRANTY REGARDING UNDISCLOSED GIFTS OR TRANSFERS.
Each party warrants to the other that he or she has made no undisclosed gifts or transfers for less
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than adequate consideration of any community assets with fair market values over $250.00
3 without the other party’s knowledge.
REMEDY FOR BREACH. ______If either party has made any undisclosed gift or
4 transfer for less than adequate consideration of any community asset with a fair market value
over $250.00 without the other party’s knowledge, that warrantor shall pay to the warranted a
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sum equal to half of the fair market value of the asset transferred, with the fair market value to be
6 determined, at the warrantee’s election, as of either (a) the effective date of this agreement or (b)
the date on which the warrantee discovers the transfer, less any appreciation in the asset’s value
7 attributable solely to acts of the transferee(s) and successor(s). The warrantor shall further pay to
the warrantee interest at the rate of ten percent (10%) per annum from the date elected for
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determination of the fair market value of the asset to the date of payment. This provision shall
9 not be deemed to impair the availability, in a court of competent jurisdiction, of any other
remedy arising from undisclosed gifts or transfers for less than adequate consideration.
10 WARRANTY REGARDING AFTER-ACQUIRED LIABILITIES.
______Each party warrants to the other that he or she shall not incur, after the effective
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date of this agreement, any liability on which the other shall be or may become personally liable
12 or that could be enforced against an asset held by the other party.
REMEDY FOR BREACH.
13 _____If either party incurs, after the effective date of this agreement, any liability on
which the other shall be or may become personally liable or that could be enforced against an
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asset held by the other party, that warrantor shall indemnify the other for any liability on the
15 obligation, attorney fees, and related costs.
16 GENERAL PROVISIONS.
11.01 RELEASE OF LIABILITIES AND CLAIMS. ______Except as otherwise
17 provided in this agreement, each party hereby releases the other from all interspousal obligations,
18 whether incurred before or after the effective date, and all claims to the property of the other.
This release extends to all claims based on rights that have accrued before the marriage,
19 including, but not limited to, property and support claims. The parties have considered such
claims in this agreement.
20 11.02 STATUS OF TEMPORARY ORDERS. ______All temporary orders previously
21 rendered by the court in the pending dissolution action of the parties shall be deemed fully
satisfied as to those acts whose performance was required on or before the effective date of this
22 agreement and shall be deemed superseded by this agreement as to those acts whose performance
was not so required.
23 |11.03 WAIVER OF RIGHTS ON DEATH OF OTHER PARTY.
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_____Except for Wife’s rights under Paragraph 3.02 of this agreement, each party hereby waives
the right to receive any property or rights whatsoever on the death of the other, unless such right
25 is created or affirmed by the other under a will or other written document executed after the
effective date of this agreement. Each party believes that he or she has received a fair and
26 reasonable disclosure of the property and financial obligations of the other party. Each party’s
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waiver is intended to be an enforceable waiver of that party’s rights under Probate Code sections
140-147.
28 (a) Property that would pass from the decedent by intestate succession;
ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 4
1 (b) Property that would pass from the decedent by testamentary disposition;
.(c) A probate homestead;
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.(d) The setting aside of exempt property;
3 .(e) A family allowance;
.(f) The setting aside of an estate;
4 .(g) An election to take community or quasi-community property against the decedent’s will;
.(h) The statutory share of an omitted spouse;
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.(i) An appointment as executor or administrator of the decedent’s estate, except as the nominee
6 of a third party legally entitled to make such a nomination;
.(j) Property that would pass from the decedent by nonprobate transfer, such as the survivorship
7 interest under a joint tenancy, a Totten trust account, or a payable-on-death account; and
. (k) Proceeds as a beneficiary of any type of insurance policy.
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11.04 ENTIRE AGREEMENT.
9 ______This agreement contains the entire agreement of the parties on these matters,
superseding any previous agreement between them.
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11.05 RECONCILIATION. ______If the parties reconcile, this agreement shall
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nevertheless remain in full effect unless and until it is modified or revoked in a writing signed by
12 both parties.
13 1.06 MODIFICATION BY SUBSEQUENT AGREEMENT.
______This agreement may be modified by subsequent agreement of the parties only by
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an instrument in writing signed by both of them, an oral agreement to the extent that the
15 parties execute it, or an in-court oral agreement made into an order by a court of
competent jurisdiction.
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11.07 NOTICE OF BANKRUPTCY FILING.
17 ______If either party decides to claim any rights under the bankruptcy laws, that party
18 must notify the other of this intention in writing at least ten (10) days before filing the
petition. Such notice must include, but not necessarily be limited to, the name, address,
19 and telephone number of the attorney, if any, representing the party in that proceeding
and the court in which the petition shall be filed.
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21 11.08 ATTORNEY FEES IN ACTION TO ENFORCE OR MODIFY AGREEMENT.
______Except as to reserved issues, the prevailing party in any action or proceeding to
22 enforce or modify any provision of this agreement, or any corresponding provision of a
subsequent judgment into which the provision is merged, shall be awarded reasonable
23 attorney fees and costs. For the moving party to be deemed the prevailing party for
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purposes of this provision, at least ten (10) days before the filing of any motion he or she
must provide written notice to the other party specifying the alleged breach or default, if
25 capable of being cured, or the modification requested. The other party must then be
allowed to avoid implementation of this provision by curing the breach or default
26 specified or executing an agreement for the modification requested during the ten-day
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period.
28 11.09 COOPERATION IN IMPLEMENTATION OF AGREEMENT.
ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 5
1 ______On demand of the other party and without undue delay or expense, each party
shall execute, acknowledge, or deliver any instrument, furnish any information, or
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perform any other acts reasonably necessary to carry out the provisions of this agreement.
3 If a party fails to execute any document as required by this provision, the court may
appoint the court clerk or his or her authorized designee to execute the document on that
4 party’s behalf.
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11.10 EFFECTIVE DATE.
6 ______The effective date of this agreement shall be the date of its execution by the
second of the parties to do so.
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11.11 COURT ACTION.
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______If a judgment of dissolution of marriage is obtained by either party, the original of
9 this agreement shall be attached to the judgment. The court shall be requested to do the
following:
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.(a) Approve the entire agreement as fair and equitable;
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.(b) Order the parties to comply with all of its executory provisions;
12 .(c) Merge the provisions relating to child custody and visitation, child support, spousal support,
future acts with respect to property division, attorney fees and costs, and income tax, and only
13 those provisions, into the judgment; and
.(d) Incorporate the remainder of the agreement in the judgment for the sole purpose of
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identification.
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11.12 ACKNOWLEDGMENTS.
16 ______Each party acknowledges that he or she respectively (1) is fully informed as to the
facts relating to the subject matter of this agreement, and as to the rights and liabilities of
17 both parties; (2) enters into this agreement voluntarily, free from fraud, undue influence,
18 coercion, or duress of any kind; (3) is representing themselves in an “in pro per” status
and is therefore not represented by legal counsel; (4) prior to executing this agreement,
19 either party may have this agreement reviewed by an attorney; and (5) has read,
considered, and understands each provision of this agreement.
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21 1. 12. SIGNATURES AND DATES.
22 The foregoing is agreed to by:
23 DATE: _____________ __________________________________________
24 Arnold Arancibia, Husband/Respondent.
25 DATE: _____________ __________________________________________
Zanete Arancibia, Wife/Petition
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27 DATE:_____________ __________________________________________
Judge
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ARANCIBIA V ARANCIBIA MARRIAGE SETTLEMENT AGREMEENT CASE NO24STFL06079 - 6
