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Make your Free Divorce Settlement Agreement

Divorce is never easy, but you and your spouse have both agreed to this divorce and you've reached an agreement on how to divide your property, accounts, debts, and/or child custody. You can create a... Read more

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Sample Divorce Settlement Agreement

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DIVORCE SETTLEMENT AGREEMENT


of , , , born , and of , , , born, being sworn do hereby state the following statements are true and correct and that except as otherwise specifically stated in this Agreement, this Agreement serves as a full and final settlement of all matters arising from the dissolution of their marriage, including division all property rights, debts, spousal support, child custody, visitation, and child support.

The parties agree this Agreement contains a fair, just and equitable division of property and subject to court approval agree as follows:


  1. ARMED FORCES. is a member of the armed forces.


  2. MARRIAGE DATE. The parties were married to each other on in

    , and children were born to this marriage.


    The remaining minor children of the marriage are as follows:


    who was born . The parties are not currently expecting any children.

  3. SEPARATION DATE. The parties' date of physical separation is .


  4. CAUSE OF DISSOLUTION: The parties acknowledge that the marriage has become irretrievably broken due to irreconcilable differences and they are beyond reconciliation.


  5. DISCLOSURE. The parties acknowledge that each has made a full disclosure of all assets and debts owned jointly or individually. Nothing has been withheld and each party believes the other has been truthful in their disclosure.


  6. INCOME.


  7. CUSTODY. The parties acknowledge that this is the home state of the children pursuant to this state's Uniform Child Custody Jurisdiction and Enforcement Act. The children have resided in this state for more than six months before this action began and no other court has made a child custody determination.


  8. CHILD CUSTODY & VISITATION. The parties have agreed on the following terms of custody and visitation:

    1. Legal Custody. Legal custody for the purpose of this agreement refers to the authority to make major decisions regarding minor children of the marriage, which can include but are not limited to health care, religion, and education. The parties agree to maintain joint legal custody of their minor children.


    2. Emergency Decisions. The parties acknowledge that some decisions must be made on an emergency or urgent basis. Each of the parties acknowledges full confidence in the other's ability to make a unilateral decision for the children's welfare, which would normally be a joint decision of the parties. When such a decision is made, the party making that decision must promptly notify the other party.


    3. Physical Custody. Physical custody for the purpose of this agreement refers to the authority to make routine and day-to-day decisions regarding the children and where the children's primary residence will be. The parties agree to maintain joint physical custody of the minor children.


      The joint custody arrangement will have the following schedule:



    4. Transportation. The parties agree to equally divide the cost of transportation for all visitation.


    5. Notification. The parties agree that neither party will change the residence of the minor children of the parties without adequate prior written notification. The parties further agree that this visitation and custody agreement will be reassessed if either party relocates and the new residence makes the current agreement unfeasible to manage. The parties agree to provide one another with their current phone number and physical address.


    6. Childcare. The parties agree to allow one another the first opportunity to have the children if he or she is unable to care for the children during their scheduled time. The parties agree to work together to make decisions regarding childcare providers.


    7. Health Insurance.


    8. Non-Covered Medical. The parties agree that each party shall be responsible for 50% of any non-covered or co-pay expenses related to medical, dental, optometric, orthodontic, physical therapy, psychiatric or pharmaceutical needs of the minor children. A parent shall provide the other with a statement documenting any payments made and the other parent shall reimburse the paying parent within days of receipt of this statement.


    9. Taxes Related to Children.

    10. Parental Rights and Responsibilities. Each parent has the following rights and responsibilities unless they relinquish their parental rights:


      1. Right to access and obtain copies of the children's educational, medical, dental, religious, insurance, and other records or information.

      2. Right to attend educational conferences concerning the children. This right does not require any school to hold a separate conference with each parent.

      3. Right to reasonable access to the children by written, telephonic, and electronic means.

      4. Duty to inform the other parent as soon as reasonably possible of a serious accident or serious illness for which the children receive health care treatment. The parent shall provide to the other parent a description of the serious accident or serious illness, the time of the serious accident or serious illness, and the name and location of the treating health care provider.

      5. Duty to immediately inform the other parent of residential telephone numbers and address, and any changes to the same.

      6. Duty to keep the other parent informed of the name and address of the school the children attend.


        The court shall include, in an order establishing or modifying parental rights and responsibilities, the rights and duties listed in this section; however, the court may restrict or exclude any right or duty listed in this section if the order states the reason in support of the restriction or exclusion. The court shall consider any domestic violence protection orders relating to the parties when determining whether to restrict or exclude any right or duty listed in this section.


  9. CHILD SUPPORT. The parties have agreed to child support in the amount of $ , to be paid by . The amount is based on . The parties acknowledge that their proposed child support order will not be legally effective until the court has approved it. The parties acknowledge that the child support order which would result from the application of their state's Child Support Guidelines, is different. The parties have agreed to a different support amount in lieu of the following additional factors: .


    Child support payments will commence the day of the month following the entry

    of the divorce decree. Child support payment must be paid by the

    month directly to the custodial parent.

    day of the


  10. COOPERATION. The parties agree to cooperate with one another in signing any papers or legal documents needed to finalize this agreement or any provision contained

    in this agreement, including deeds, title certificates, etc. Within days of

    notification of Entry of Judgment, the parties shall execute any document, transfer papers, titles or other documents to effect the provisions of this Agreement and any resulting Decree of Divorce. In the event a party fails to sign transfer documents, the final Decree of Divorce shall operate to transfer title.

  11. DIVISION OF ASSETS. Each party shall receive any and all, tangible and intangible, property in his/her possession including personal items and household goods, unless stated otherwise in this agreement.


    1. Marital Home.

      The parties agree will remain in the home located at

      , ,

      and have sole and absolute ownership of the same.

      will not continue to be bound for all mortgages on the property. will have days to refinance the home into his or her separate name. If the party retaining the marital home is unable or fails to refinance the home in the allotted time, the other party can request the Court to require the sale of the property.


    2. Other Assets. and own and agree to divide the following remaining assets:


      Item: Description: Current Value: $

      Owner After Divorce:


  12. FUTURE EARNINGS AND ACQUISITIONS. All income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title and interest in all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default.


  13. DEBTS. Each spouse will be responsible for any indebtedness incurred in his or her individual name prior to the date of marriage unless otherwise specifically stated in this agreement. Each spouse will be responsible for any indebtedness incurred in his or her individual name subsequent to the date of separation unless otherwise specifically stated in this agreement. Each spouse will be responsible for any indebtedness incurred in his or her individual name during the course of the marriage unless otherwise specifically stated in this agreement.


  14. SPOUSAL SUPPORT/ALIMONY.


    is years of age, has been married for years, has a total monthly income of $ , and has total monthly expenses of $ .

    has a gross monthly income of $ from all sources and has the ability to pay support. agrees to pay spousal support in the amount of $ per month . Spousal

    support payments shall be paid no later than the day of the month.


  15. NAME CHANGE. Neither party is seeking to change their name at this time but both reserve the right to bring an action before the court at a later date.


  16. TAXES. For the purposes of determining income tax liability, the parties agree and hereby partition all of the income, gain, loss, and deductions attributable to a party from that party's individual labor, that party's individual efforts, or the property awarded in this agreement to that party, as his or her sole and separate property, as if that party had been single and unmarried from the current year through the date of divorce.


    Each party shall file a separate federal individual income tax return for the calendar year of the divorce.


  17. MUTUAL INDEMNITY. All parties agree the other parties are free of any liability or wrongdoing. Any liability or wrongdoing is expressly denied. Furthermore, the parties each agree that neither shall disparage the other to any third party at any time. The parties agree that in regard to the payment of debts and other liabilities stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same.


  18. FUTURE DISPUTE SETTLEMENT. The parties agree that if any dispute, question, disagreement, or change occurs affecting the terms of this Agreement, they will work together to negotiate with each other in good faith, in consideration of their mutual interest, with the purpose of reaching a solution, which is beneficial for the parties. In the event negotiations fail, the parties agree to first seek mediation, through a qualified mediator selected jointly by the parties. Either party may terminate mediation at any time. In the event the dispute is not resolved, either party may motion the Court governing this Agreement and the resulting decree of divorce or judgment for a decision regarding the disputed matter.


  19. FULL DISCLOSURE OF ASSETS AND LIABILITIES. The parties hereby represent that they have each made full disclosure to the other party of their individual assets. Each represents that he or she has provided the other with a current financial statement which discloses fully and completely all of his or her income, assets, expenses and liabilities. By executing this Agreement, the parties represent that the terms and provisions of this Agreement are fair, just and reasonable and are not the product of fraud, coercion or undue influence and that each signs this Agreement freely and voluntarily.


  20. ADDITIONAL DOCUMENTS. Each party agrees that he or she will sign and execute any additional documents that could be necessary to put into effect the intended purposes hereof. Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and

    effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments required of one party to the other in order to pass good or merchantable title to any property owned by either party during the marital relationship.


  21. ATTORNEY'S FEES. Each party is solely responsible for paying their respective attorney's fees and costs incurred in connection with this agreement's negotiation and preparation through a final dissolution of the marriage. Neither party will have any obligation whatsoever for any attorney's fees or costs incurred by the other.


  22. SUBMISSION OF AGREEMENT TO COURT. The parties each agree that this Agreement shall be submitted to the Court for a judge's approval of the terms and entry of Judgment of Divorce.


  23. BINDING AGREEMENT. This agreement shall be binding upon and shall inure to the respective heirs of the parties and their personal representatives of their estates.

By executing this greement I swear that to my knowledge the information contained herein is a full and complete disclosure and it is my intention that this Agreement is a full and final division of the property and debts involved in this marriage and that I am satisfied with the agreement contained herein.


Dated:      



, ,





STATE OF , ss: COUNTY OF , ss:


Notary Public


Title (and Rank)


My commission expires

By executing this agreement I swear that to my knowledge the information contained herein is a full and complete disclosure and it is my intention that this agreement is a full and final division of the property and debts involved in this marriage and that I am satisfied with the agreement contained herein.


Dated:      



, ,





STATE OF , ss: COUNTY OF , ss:


Notary Public


Title (and Rank)


My commission expires

Making a Divorce Settlement Agreement

  • What is a Divorce Settlement Agreement?

    Divorce is never easy, but you and your spouse have both agreed to this divorce and you've reached an agreement on how to divide your property, accounts, debts, and/or child custody. You can create a Divorce Settlement Agreement to clearly define the terms of the settlement with your spouse.


    Use the Divorce Settlement Agreement document if:

    • You know where your spouse is and you are in contact with him/her
    • You and your spouse have decided to divorce and you agree on how to divide your property and assets
    • You and your spouse are currently negotiating the terms of your divorce and would like to create a plan for the division
    • You and your spouse plan to meet with a divorce attorney together and would like to be prepared with an outline for the division of property and assets

    If you and your spouse have both agreed to divorce, and you agree how to divide your property and assets, you can use this document to file for divorce. The agreement may also be used to define child custody, visitation, and child support if you have children under 18. Each state may call this agreement by a different title, such as a marital settlement agreement, marital separation agreement, or divorce settlement agreement form.

    It's important to note that this Agreement is just one step in the divorce process. To find out what else you need to do, or if you have any questions, we recommend speaking with an attorney in the Rocket Lawyer On Call Network.

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