Using the portfolio Fact Pattern provided, draft a Separation Agreement on behalf of your client. Research the separation agreement and marriage dissolution guidelines in Wisconsin as a starting point. When drafting the agreement, pay careful attention to the core provisions needed, keeping in mind that every agreement should be based in relevant facts and although you may use a boilerplate agreement, your separation agreement should be as original and unique to the client in content as possible. Fact Pattern……….
Sarah
Lee and John Denim were married on July 4, 1996, in Las Vegas Nevada. It was
the second marriage for Sarah and the third for John. At the time of their
marriage, Sarah was 28 years old and Herman was 65. The parties have one minor
child together, Lee Gene Denim. He was born on December 31, 2001.
Presently,
Sarah and Lee live at 123 Cinnamon Place, in Los Angeles, California, and
Herman lives at 57483 Mansion Way in your city and state. The couple separated
on Christmas Day of 2011, after a holiday celebration at the Mansion Way
residence, and intends to continue to live separately for the rest of their
lives.
On
January 2 of this year, the couple filed jointly for a no-fault divorce citing irreconcilable
differences. This divorce action has been filed in your county in the
appropriate court. Both parties want to remain actively involved in their son’s
life but agree that Sarah will be his primary caretaker, particularly during
the school year. That way Lee Gene can at least remain at the home he now knows
and maintain some continuity in that aspect of his life. He is presently
enrolled in private school and is very active in a variety of sports. He is also
an avid musician and shows considerable musical talent, but this is an expensive
activity.
Sarah
wants Herman to pay reasonable child support in an amount consistent with the
state’s child support guidelines based on his unearned income of $400,000 a
year, payable monthly. The parties have exchanged financial statements but have
engaged in no additional discovery. Sarah earns approximately $125,000 a year
as a celebrity personal baker and intends to continue her career. She is
self-employed and has no retirement fund. John has been retired for some time
but is an independently wealthy clothing mogul and his assets are valued at
approximately $7.3 million.
Over
the years, John has managed all of the couple’s financial affairs and his
accountant has prepared all the joint tax returns submitted during the marriage
based on the information John provided. John was both physically and
emotionally abusive to Sarah during their marriage, but she is willing to
forget all that if he pays her alimony of $10,000 per month for the rest of his
life and lets her have their apartment in New York City, their summer home in Cape
Cod, Massachusetts, and the condo where she is presently residing in California.
John owns all of the properties outright.
Sarah
owns no real estate in her own name.
John
has a pension from Levi Strauss, which would require preparation of a Qualified
Domestic Relations Order (QDRO) to split and Sarah wants John to make her the
sole beneficiary of a $500,000 Traveler’s insurance policy. Sarah wants the Dino
Ferrari and is willing to let John keep his collection of vintage automobiles
for understandable reasons. John is willing to waive any rights he has to claim
alimony and wants the alimony provisions of any agreement the couple makes to
be non-modifiable by any court under any circumstances.
John
has no objection to paying his own debts but refuses to pay Sarah’s credit card
debts, which she used to build her business. These bills have been a source of
tension for the couple. Sarah it also a bit of a shopaholic and claims that she
needed fancy new outfits for each celebrity baking party she hosted and that
she couldn’t wear the same outfit twice or it would affect her reputation and
business.
Sarah
secretly figures John may end up paying some of her credit card bills anyway
because two of her three credit cards are in joint names with John. The
accounts are: a Bank of America credit card number is 1772–2 356–7 631–8976
with a balance of $9810, a diamond blue master charge card number 028–3 456–93
with a balance of $13,569, and an American Express platinum card, account
number 1357–2 468–0864 with a balance of $22,567. The couple has already
divided their personal property with the exception of John’s art collection,
which needs to be removed from the New York and Cape Cod properties.
John
says he feel sort of bad about the divorce and that he may decide to provide
for Sarah in his will but she is not counting on that; however, she is happy
that he is willing to pay for comprehensive medical insurance for her until his
death, and for Lee until his emancipation, which is important for Sarah because
she has heavy bills for hypnotic weight loss treatments and medications. Sarah
figures she can clean up in this divorce and thinks she can save even more
money if she doesn’t waste any of the funds she is receiving on an attorney.
