• Understanding a point in mutual agreement doc

Hi , 

Below is one of the point in mutual agreement document  here in USA, i could not understand it clearly the sentence  "including, without limitation, the following:" 
please explain in simple words.



WAIVER OF RIGHTS IN RESPECTIVE ESTATES: Husband and Wife
agree that each party waives and relinquishes, to the fullest extent lawfully possible, all right,
title, claim, lien or interest, whether actual, inchoate, vested or contingent, in law and equity,
under the laws of any state or under federal law, in the other’s separate property, separate
property income and separate property estate by reason of their marriage including, without
limitation, the following:
? All community property, quasi-community property and quasimarital property rights;
? The right to a probate family allowance;
? The right to a probate homestead;
? The rights or claims of dower, curtesy or any statutory substitute
now or hereafter provided under the laws of any state in which the parties may die
domiciled or in which they may own real property;
? The right to inherit separate property from the other by intestate
succession;
? The right to receive separate property that would pass from the
decedent party by testamentary disposition in a will executed before this
Agreement;
? The right of election to take against the will of the other;
? The right to take the statutory share of an omitted spouse;
? The right to be appointed as administrator of the deceased party’s
estate, or as executor of the deceased party’s will, unless appointed pursuant to a
will executed after the date hereof;
? The right to have exempt property set-aside in probate;
? Any right created under federal law including, without limitation,
the Retirement Equity Act of 1984; and
? Any right, title, claim or interest in or to the separate property,
separate property income or separate property estate of the other by reason of the
parties’ marriage.
Asked 5 months ago in Family Law from United States
Religion: Hindu
in simple words it means both you and your wife would make any claim on each other property . 

the words including without limitation would mean that you have no claim on each other property . the various claims mentioned are for illustration only 

"included" matters shall be regarded as non-exclusive, non-characterizing illustrations
Ajay Sethi
Advocate, Mumbai
24710 Answers
1323 Consultations
5.0 on 5.0
The right of spouses while in marital relationship and afterwards differs with countries.
Since you are applying for mutual divorce in USA you have to adhere to the laws of that country.
Since the marriage is getting dissolved between you and your wife the agreement you have reproduced here is mentioning relinquishment of all the respective rights of the spouses against the other once the divorce is completed.
There is nothing to worry.
This is typical template which everyone applying for divorce in USA signs.
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Hello,
1) In plain simple terms it means that the husband and wife upon divorce by mutual consent have no claim of any sort which they would have if they decided to contest the divorce.

2) Without limitation means here that in addition to giving up the rights mentioned above the couple give up the right to the following rights detailed.

3) Basically the divorce by mutual consent is a complete settlement without any claims against each other most often.  
S J Mathew
Advocate, Mumbai
1961 Answers
68 Consultations
5.0 on 5.0
Divorce on the ground of mutual consent is filed by both the parties after arriving at an agreement binding both husband & wife to act according to the terms agreed upon. 
2, The term including ,without limitation implies that the enlisted rights to property etc. that's forgone is legally binding you to claim anything regarding them in all times to come once divorce decree is granted between you two. 
Sushil Jha
Advocate, Patna
186 Answers
2 Consultations
5.0 on 5.0
1. It simply means that each party waives and relinquishes his/her right on the other party in any way what so ever,

2. The lengthy legal statements are required to be added in the order for covering all areas of ownership of the parties,

3. It means that both the husband and wife waives his/her right on the other persons property, right etc.
Krishna Kishore Ganguly
Advocate, Kolkata
12716 Answers
261 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
15249 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24710 Answers
1323 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12716 Answers
261 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
523 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0