`
`IN THE COUNTY COURT OF THE llTH
`JUDICIAL CIRCUIT lbl AND FOR
`
`MlAMI—DAOE COUNTY, FLORIDA
`
`FAMILY DIVISION
`
`case no. ZIJILllffllU—IOIflT-Q 'O‘l
`
`IN RE: 'I'I IE MARRIAGE OF,
`
`AMISAOAY QUESADA.
`
`Petiti onert1|iir'ife
`
`‘tl'.
`
`MARC FITZGERALD BROWN.
`
`Respondenta'l Iusband.
`
`f
`
`MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE
`
`WITH NO DEPENDENT OR MINOR CHILDREN
`
`TI IIS ARITAL SETTLEMENT AGREEMENT made and entered into this Tm day
`
`of 91% fililfl II:
`Eiitti, by and between AMISADAY QUESADA (“Wife“) a
`
`resident of Miami-Dade County. Florida, and MARC FITZGERALD BROWN (“Husband”) a
`msident of the State of Florida.
`
`w r T H ESE-LET. H:
`
`WHEREAS, the parties were married to each other on December 3'“, 2tllS in Miami,
`Florida; and
`
`WHEREAS. there are no minor children born of the marriage and no additional issue is
`contemplated;
`
`WHEREAS, irreconcilable differences have arisen between the parties and the parties
`desire to continue to live separate and apart from each other; and
`
`WHEREAS, the parties mutually desire to settle and adjust their respective property
`rights and agree upon provisions as they relate to Their obligations and duties to each other; and
`
`WHEREAS, each of the parties acknowledges that he or she has sufficient knowledge
`about the other to enable him or her to freely enter into this Marital Settlement Agreement; and
`
`this Agreement
`WHEREAS,
`between the parties; and
`
`is the product of open and free negotiations directly
`
`WHEREAS, each of the parties believes that this Marital Settlement Agreement is fair,
`just and equitable and each consents freely and voluntarily to each. all and every ofits terms.
`
`NOW, THEREFORE, in consideration of the mutual covenants promises, terms, and
`conditions herein contained, and for other good and valuable consideration, each party to the
`other given,
`the receipt and sufficiency of which is hereby acknowledged,
`it
`is mutually
`eovenanted, promised and agreed between Husband and Wife as follows:
`
`
`
`
`HEELTATIDES; The reeitations contained above are true and correct and.
`l.
`therefore, are ratified and incorporated herein.
`
`2.
`flgflfiflflflt At all times hereafier, the Husband and 1|Wife shall be entitled to
`live separate and apart from each other, free from any marital control of the other party as if each
`were unmarried.
`
`
`
`commumflacamsr [INTERFERENCE BY__flHER __e_p,_aTv: n is
`3.
`mutually agreed that neither party shall molest. interfere with nor harass the other, whether at
`home, at work, or otherwise, and that neither shall come onto,
`trespass nor disturb the
`possessions of the other or any real or personal property owned or hereinafter acquired by the
`other without the express consent of the other.
`
`
`Both parties specifically waive alimony [spousal support} of any
`ALIMQHX:
`4.
`kind whatsoever, now and in the future. Notwithstanding, Wife may from time to time decide
`to provide gratuitous financial support to Husband after marriage dissolution. These gratuitous
`payments shall not be interpreted as creating any obligation [whether past, present or future} of
`support.
`
`EQUITABLE lllfiIflIBUTlflH; Parties agree there is no marital pmperty
`S.
`subject distribution. Each party shall retain sole ownership of any and all personal property
`currently in their possession or currently entitled in their name alone.
`
`PERSDNéL PRQPERTY: The parties have already divided their personal
`s.
`property. and each party shall retain any and all personal property in their possession as their sole
`ampenr.
`
`
`PRIDE _l_i‘._}_{I_STING_I}EBTS_:_ Each party shall continue to be responsible for all
`T.
`prior existing debts which are in his or her name.
`
`RELEfi Each party hereby releases and forever discharges, and by these
`3.
`presents does for himself or herself, and his or her heirs,
`legal representatives, executors,
`administrators, guardians and assigns, release and forever discharge the other of and from all
`causes of action, claims, rights or demands whatsoever. at lav.r or in equity, which he or she ever
`had or now has or by reason of any matter. cause or thing may have from the beginning of the
`world to the date of this Marita] Settlement Agreement, except any causes of action for
`dissolution of marriage. This paragraph shall not release or discharge either party from his or her
`covenants, promises, agreements, representations, warranties or other undertakings or obligations
`as set forth in this Marital Settlement Agreement.
`
`EAIVER: Each party waives, releases and relinquishes to the other party any
`9.
`and all rights of dower, courtesy. homestead, spouse's statutory share or inheritance, as well as
`any other rights which they may now or hereafter have in the other party‘s real or personal
`property or estate by reason of their marital relation, during the other party‘s lifetime or after the
`other party‘s death and shall execute, acknowledge and deliver at the request of the other party or
`
`
`
`his or her personal representative, without cost or expense to the other party. all such instruments
`as may be necessary to effectuate this release.
`
`P_RDI-IlfllTlfll‘-l____AfiAlNST PLEDGTNG CREDIT: Except as specifically
`ll].
`provided herein, neither party may incur any liability. expense or charge in the future either
`through the use of the credit of the ether or the name of the other. Neither party shall represent to
`third persons that he or she is acting as the agent of the other to obtain credit. The parties agree
`that any and all debts incurred after the execution of this Agreement shall be the sole obligation
`and responsibility of the part}r incurring said debt.
`
`lNflEPENDENT LNfCflME Tfiiflflflfl: The parties acknowledge that they
`] l.
`have had the opportunity to retain their own certified public accountant. tax attorney or tax
`advisor with reference to the tax consequences of this Marital Settlement Agreement. The parties
`further acknowledge that they have been advised to seek their own independent tax advice by
`retaining a certified public accountant, accountant. tax attomey or tax advisor.
`
`
`EXECUTIUN 0F FURTHER INSTRUMENTS UPflN ____I§t_l_i'.MAN[_}: The
`12.
`parties agree to make. execute. acknowledge and deliver any and all such further or other
`instruments which shall be reasonably required for the purpose of giving full force and effect to
`the Marital Settlement Agreement. and the respective covenants, conditions and provisions
`thereof.
`
`this Marital
`ENTIRE AGREEMENT: The parties hereby acknowledge that
`l3.
`Settlement Agreement
`constitutes
`the entire contract between them.
`There
`are no
`representations. warranties or covenants other than as set forth herein. The parties further
`acknowledge that
`they have given due and careful
`thought
`to the creation of this Marital
`Settlement Agreement and have carefully read and fully understand each provision herein. The
`parties intend for this Marita] Settlement Agreement to be a full and complete settlement of all
`issues not addressed in the Mediated Agreement, arising as a result of their marriage, including,
`but not limited to, alimony. equitable distribution. and attorneys" fees and costs.
`
`14. MUDIFICAI‘lflfl; No modification. waiver or relinquishment shall be deemed
`to have been made by the Husband or was unless done so in uniting. signed by the party sought
`to be charged. This Marital Settlement Agreement shall not otherwise be modifiable.
`
`EINIIEINELFEE All provisions of this Marital Settlement Agreement shall
`IS.
`be binding upon the parties hereto. their respective personal or legal representatives, heirs, next
`of kin. executors. administrators. successors and assigns.
`
`this Marital
`GDVERNLNG_ LAW: The parties hereby acknowledge that
`In.
`Settlement Agreement has been executed and delivered in the State of Florida and that it is to be
`construed in accordance with the laws of the State of Florida.
`
`[N__[,,_I_'I_'_IGATION: This Marital Settlement Agreement may be
`EVIHENCF.
`IT-
`offered in evidence in the pending dissolution of marriage action or in any other litigation which
`may be filed in the future by either of the parties hereto as the full and final expression of the
`
`
`
`parties‘ agreement with respect to the subject matter of this Agreement. The court shall he
`requested to approve this Marital Settlement Agreement and if approved, it shall be incorporated
`in and, made a part of any Final Judgment of Dissertation of Marriage entered therein.
`
`
`is
`AGREEMENT NEEIU ELEMELGEILIN flNAL.-IU_HQMENTT 11
`13-
`understood and agreed by the parties that
`the inclusion of the provisions of this Marital
`Settlement Agreement in any final judgment entered in any dissolution of marriage action filed
`by either of the parties shall not cancel, void or in any way evade the terms of this Marital
`Settlement Agreement and the binding nature thereof upon the parties hereto during their lifetime
`and upon the persona] representatives of their estates upon their death, it being the specific intent
`of the parties that
`this Marital Settlement Agreement should not be merged into the final
`judgment. This Marital Settlement Agreement may be enforced independently of the final
`judgment.
`
`[9.
`
`MISCELLAN EUU‘S:
`
`l.
`
`2.
`
`3.
`
`The headings contained herein are for convenience purposes only and
`shall not be construed or used for the purpose of interpreting the terms and
`conditions herein.
`
`Any reference to gender herein is not meant to exclude either party. The
`words her, his, and him shall be interpreted to include she, hers, and her.
`
`Reference herein to singular shall apply to the plural as well.
`
`
`EFFECTIVE DAIEJJE THISAQREEEENT; The effective date of this
`2t}.
`Marital Settlement Agreement shall be the date upon which the last party hereto executes the
`same. This Marital Settlement Agreement may not he introduced into evidence in any court
`proceeding unless executed by all parties to the Marital Settlement Agreement.
`
`The parties hereby
`2i. WAJYE_ [UF FULLflPjANCLLIJISCLflSUfl—E:
`acknowledge that they have made a voluntary full and fair disclosure to each other of all assets
`and debts owned and due by each party and hereby waive any further disclosure under rule
`12.235, Fla. Fain. L. R. P.
`
`the Court shall
`ttte parties agree that
`REILENTIUI'LQF Juntsntgrton;
`22.
`retain jurisdiction in this matter to address any issues related to child support arrears that may be
`due and owing as to the parties children during their minor years.
`
`23. Wtdglfllfi SERVIQEQE PROCESS: Husband agrees that he has waived
`service of process of the Petition for Dissolution of Marriage filed in the above captioned matter
`and has submitted to this courts jurisdiction for the entry of a final judgment of dissolution of
`marriage which shall adopt and incorporate the terms of this Marital Settlement Agreement.
`
`
`
`i certify that I have been open and honest in entering into this settlement agreement.
`I am satisfied with this agreement and intend tn be bound by it.
`
`Dated:
`
`EiUELbJr § 10151
`
`Printed Name: AMISAIJAY DUES STATE OF FLORIDA
`
`Signature of 1tit-iif'e
`
`COUNTY OF MIAMLDADE:
`Sworn to or affirmed and si
`
`2!
`
`l5 by AMISADAE’ QUESADA.
`
`
`
`NOTARV PUBLIC. STATE OF FLORIDA
`
`
`
`.
`
`x Personaiiy known
`Produced identification
`
`Type of identification produced
`
`[PrinL type. or stamp commissioned name of notary]
`
`I certify that I have been open and honest in entering into thls settlement agreement.
`agreement and Intent! to be bound by it.
`
`1 am satisfied with this
`
`Dated:
`
`Sufkmhy‘t
`
`STATE or FLosina
`conNT'r or MIAMI—Dane:
`
`fl" $53".-—
`Signature ofHusband Egg % E _ ___ _
`
`Printed Name: MARC FIT
`
`RALD BROWN
`
`.
`- Mfifllfi by mast FltzossaLo
`
`Sworn to or affirmed and signed before n'
`
`BROWN. NDTARV PUB
`
`é
`
`Personally known
`Produced identi flotation
`
`[PrinL type, 0
`
`...._._._.__
`..
`EDP _,
`mp commissioned name of notary]
`
`Type of identification produced
`
`



