Understanding a point in mutual agreement doc
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
? The right to receive separate property that would pass from the
decedent party by testamentary disposition in a will executed before this
? 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
Asked 1 year ago in Family Law from United States
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
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.
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.
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.
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.