RECONCILIATION AND MID–MARRIAGE AGREEMENT …

1 Page -1- RECONCILIATION AND "MID marriage " AGREEMENTRECONCILIATION AGREEMENTBETWEENP atty Plaintiff and Danny DefendantDated:This AGREEMENT is made in the City of East Brunswick, Countyof Middlesex, State of New jersey , by and between Danny Defendant(hereinafter referred to as "Husband"), and Patty Plaintiff(hereinafter referred to as "Wife"), both hereinaftercollectively referred to as "the parties," in contemplation oftheir I T N E S S E T H:WHEREAS, the parties hereto are husband and wife having beenmarried on July 1, 2000 in Cape Code, Massachusetts; andWHEREAS, there are no children born of their marriage ; andWHEREAS, certain unhappy differences having arisen betweenthe parties as a result of which they are now living separate andapart and a suit for absolute divorce is now pending betweenthem; andWHEREAS, it is the mutual desire and intent of the parties,after careful consideration, to reconcile their differences andreestablish their marriage relationship and amicably adjust,compromise and settle for all time, all property rights and allrights in or against each other's property or estate fortestamentary or intestacy disposition, and to settle all disputesexisting between them, including, without limitation, all claimsfor alimony, maintenance, support, counsel fees and expenses; andWHEREAS, the parties hereby declare that each has hadindependent legal advice by counsel of his or her own selectionand that each has been fully informed and advised by his or herrespective counsel as to his or her respective legal rights andobligations, and that each enters into this AGREEMENT (hereinafter "the AGREEMENT ") freely and voluntarily.

2 Page -2-WHEREAS, Husband had, prior to the parties' marriage ,acquired substantial assets in his own name and which are stillso maintained including the real estate premises located at[address] and in which the parties had resided prior to theirseparation and in which Husband is still currently residing;NOW, THEREFORE, in consideration of the premises and of themutual promises herein contained, each of the parties heretointending to be legally bound hereby, covenants and agrees asfollows:1. Husband has made a full and complete disclosure of hisassets and liabilities and income to Wife and this information isset forth in Exhibit "A, which is attached hereto and made apart hereof as if set forth in full. Exhibit "A" consists of pages, including a true and correct copy of the parties' 2005 Federal Income Tax Return. Husband is generally aware of theassets and liabilities of Wife and hereby voluntarily waives thedesire or need to have detailed information disclosed in thatregard.

3 Both parties shall sign Exhibit "A" as part of his or herexecution of this Immediately upon the execution of this AGREEMENT , bothparties shall execute such documents as may be required in orderto settle, discontinue and end the divorce action now pendingbetween them in the Middlesex County Superior Court, ChanceryDivision, Family Part, and Wife shall resume her residence andcohabitation with Husband in the premises located at 10 MaplePlace, East Brunswick, Immediately upon the execution of this AGREEMENT , Husbandshall execute and deliver to his attorney for recording a deedand such other documents as shall be necessary in order toeffectuate a transfer of title to the premises located at 10 Maple Place, East Brunswick, NJ (currently titled in Husband'sname alone as a result of ownership prior to the marriage of theparties) to the joint names of Husband and Wife as tenants by theentireties.

4 (a) In the event of a sale of the aforesaid real estatepremises at any time during the lifetime of both parties, the netproceeds thereof shall be divided equally between the parties.(b) In the event of any separation of the parties subsequentto the execution of this AGREEMENT , for any cause or reasonwhatsoever, and regardless of who may be at fault, upon thewritten demand of either party, the real estate premises shall beplaced for sale with a reputable broker to be mutually agreedupon within thirty (30) days of said demand and the net proceedsof the sale shall be divided equally between the Husband agrees that for so long as the parties remainPage -3-married, he shall maintain Wife as the sole beneficiary of thePrudential life insurance policy which is set forth in Exhibit"A" and he shall pay all premium payments promptly when due andshall keep the policy in an unencumbered condition at all timesduring the marriage .

5 Wife agrees to accept the proceeds of thepolicy, free of inheritance and estate taxes, in place andinstead of, and in full and final settlement and satisfaction of,any and all rights and claims which she might otherwise have inHusband's estate and property under any statute or statutes nowor hereafter in force in this or any other jurisdiction, whetherby way of her right of election to take against Husband's will,her share of the estate in intestacy, or otherwise, except asotherwise set forth in this Except as provided in this AGREEMENT , now and at alltimes hereafter, each of the parties hereto shall retain allrights in his or her own property, whether now owned or hereafteracquired, including all appreciation or increase in valuethereof, and each shall have the absolute and unrestricted rightto dispose of, sell, transfer, assign, finance, refinance,mortgage or remortgage such separate property, free from anyclaim that might be made by the other by reason of their maritalrelationship and each party shall keep and retain the soleownership of all property, real or personal, now owned orhereafter acquired by him or her, and have the exclusive right todispose of or otherwise deal with such property withoutinterference from the Each party hereto accepts the provisions of thisAgreement in full settlement and satisfaction of all claims andrights against the other party or against the other party'sestate, heirs, executors, administrators, and personalrepresentatives for support, maintenance, or alimony and in fullsettlement and satisfaction of any and all other claims andrights whatsoever which the party ever had.

6 Now has or mighthereafter have against the other party by reason of the marriagerelationship and each party hereto hereby releases the otherparty, that party's heirs, executors, administrators and personalrepresentatives of and from all claims, liabilities and expenseswhatsoever (including the right to request a division of theproperty by the courts of this or any jurisdiction as maritalproperty), except with respect to any and all liabilitiesspecially imposed upon or assumed by the parties Each party shall, at any time, and from time to timehereafter take any and all steps to execute, acknowledge anddeliver to the other party any and all instruments and assurancesthat the other party may reasonably require or find convenient,expedient, or business-like for the purpose of giving full forceand effect to the provisions of this If either party shall at anytime hereafter secure aPage -4-judgment of divorce against the other, this AGREEMENT shallremain in full force and effect and shall not in any way beaffected by such judgment.

7 It being the intention of the partiesthat this AGREEMENT shall continue in full force and effectwhether or not a judgment of divorce is at any time or placeobtained by either This AGREEMENT constitutes the entire understandingbetween the parties and there are no terms, covenants,conditions, representations or agreements, oral or written, ofany nature whatsoever, other than those herein Nothing contained in this AGREEMENT shall be deemed toconstitute a waiver by either party of any gift, transfer, deviseor bequest that the other may choose to make to him or her bydeed, AGREEMENT , will or codicil or of the right of the partiesto acquire joint assets hereafter if they so desire; however, theparties acknowledge that no promises of any kind have been madeby either of them to the other with respect to any such gift,transfer, devise or The provisions of this AGREEMENT and its legal effecthave been fully explained to the parties.

8 Each party acknowledgesthat this AGREEMENT is fair and equitable, that it is beingentered into voluntarily and that it is not the result of anyduress or undue influence, and that the parties were not and arenot under the influence of any intoxicants and/or othersubstances that could or did in fact impair their The parties hereby declare that each has had independentlegal advice by counsel of his or her own choosing relative tothe negotiation and preparation of this AGREEMENT . Husband hasbeen represented by [name and address of attorney]. Wife has beenrepresented by [name and address of attorney]. The partiesacknowledge that they have been fully informed of all their legalrights and liabilities relating to this AGREEMENT . The partiesacknowledge to each other that they believe the AGREEMENT to be afair, just and equitable resolution of the outstanding issuesbetween them and they are satisfied with its No modification of this AGREEMENT shall be effectiveunless embodied in a written instrument executed by the partieswith the same formality as this AGREEMENT .

9 No forbearance toenforce any provisions of this AGREEMENT or waiver of any breachhereof shall be deemed a waiver of any such provision or righthereunder or of any subsequent breach or This AGREEMENT shall be construed under the laws of theState of New -5-IN WITNESS WHEREOF, the parties have signed, sealed andacknowledged this AGREEMENT on the day and year first OF NEW jersey ) ) ss. ) )COUNTY OF )BE IT REMEMBERED that on this th day of 2007, before me, the subscriber, a Notary Public, personallyappeared Patty Plaintiff, who, I am satisfied, is the personnamed in the foregoing AGREEMENT , to whom I first made known thecontents thereof, and thereupon he or she acknowledged that he orshe signed, sealed, and delivered the same as his or hervoluntary act and deed, for the uses and purposes thereinexpressed.

10 Date:PATTY PLAINTIFF Date:NOTARY PUBLICPage -6-STATE OF NEW jersey ) ) ss. ) )COUNTY OF )BE IT REMEMBERED that on this th day of 2007, before me, the subscriber, a Notary Public, personallyappeared Danny Defendant, who, I am satisfied, is the personnamed in the foregoing AGREEMENT , to whom I first made known thecontents thereof, and thereupon he or she acknowledged that he orshe signed, sealed, and delivered the same as his or hervoluntary act and deed, for the uses and purposes thereinexpressed. Date:DANNY DEFENDANT Date:NOTARY PUBLIC