Divorce Settlement Agreement Create a Divorce Settlement Agreement

Divorce Settlement Agreement

Updated Dec 04, 2025
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A Divorce Settlement Agreement is a legal document that outlines mutually agreed terms for asset division, child custody, and support, helping divorcing spouses formalize their arrangements and ensure compliance across all U.S. states.

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DIVORCE SETTLEMENT AGREEMENT

I. THE PARTIES

This Divorce Settlement Agreement ("Agreement") is entered into on the , by and between:

Spouse A:
Name:
Address:

Spouse B:
Name:
Address:

Spouse A and Spouse B may collectively be referred to as the "Parties."

II. MARRIAGE AND SEPARATION

A. Marriage Date. The Parties were married on the , in the City of , State of .

B. Separation Date. The Parties have lived separate and apart since the .

C. Grounds for Divorce. The Parties agree that their marriage is irretrievably broken due to irreconcilable differences, and there is no possibility of reconciliation.

III. CHILDREN

A. Minor Children. The Parties have the following minor child(ren) born or adopted of the marriage:

Name:
Date of Birth:

B. Legal Custody. Legal custody refers to the right to make major decisions regarding the child(ren)'s health, education, and welfare. (Check one)

C. Physical Custody. Physical custody refers to where the child(ren) reside(s). (Check one)

D. Visitation/Parenting Schedule.
The details of the visitation and parenting time schedule are as follows:

E. Child Support. (Check one)

F. Health Insurance.
The child(ren)'s medical and dental insurance shall be provided by:



Unreimbursed medical expenses shall be split as follows:
Spouse A: %
Spouse B: %

IV. SPOUSAL SUPPORT (ALIMONY)

A. Spousal Support Terms. (Check one)

V. REAL ESTATE

A. Marital Home. The Parties own real property located at:
(the "Marital Home").

B. Division of Marital Home. (Check one)

VI. PERSONAL PROPERTY

The Parties have divided their personal property (furniture, household items, clothing, etc.) to their mutual satisfaction.

A. Spouse A's Property.
Spouse A shall retain the following items as their sole and separate property:

B. Spouse B's Property.
Spouse B shall retain the following items as their sole and separate property:

VII. VEHICLES

The Parties agree to the following division of vehicles. Each party shall be solely responsible for any loans, insurance, and registration associated with the vehicle awarded to them.

Spouse A shall receive:
Year/Make/Model:
VIN (last 4 digits):

Spouse B shall receive:
Year/Make/Model:
VIN (last 4 digits):

VIII. FINANCIAL ASSETS AND DEBTS

A. Bank Accounts. The Parties agree to divide bank accounts as follows:

B. Retirement Accounts. Any retirement accounts, pensions, or 401(k) plans shall be divided as follows (Note: A QDRO may be required):

C. Debts. Each Party shall be responsible for any debt incurred in their own name after the date of separation. Existing marital debts shall be allocated as follows:

Spouse A shall pay:

Creditor Name:
Amount: $

Spouse B shall pay:

Creditor Name:
Amount: $

IX. TAXES

A. Filing Status. For the tax year , the Parties shall file:

B. Dependent Exemptions. The tax exemptions for the minor child(ren) shall be claimed by:

X. GENERAL PROVISIONS

A. Name Change.

B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of .

C. Entire Agreement. This Agreement contains the entire understanding of the Parties and supersedes all prior agreements, representations, and understandings.

D. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

E. Amendment. This Agreement may only be modified or amended in writing, signed by both Parties.

F. Independent Legal Counsel. Both Parties acknowledge that they have had the opportunity to consult with independent legal counsel regarding the terms of this Agreement.

G. Voluntary Execution. Each Party acknowledges that they are signing this Agreement voluntarily, free from duress or undue influence, and with full knowledge of the facts and legal consequences.

XI. SIGNATURES

Spouse A Signature: _________________________
Date:
Print Name: _______________

 

Spouse B Signature: _________________________
Date:
Print Name: _______________

What is a Divorce Settlement Agreement?

A Divorce Settlement Agreement, also known as a separation agreement or marital separation document, is a legally binding contract that outlines the terms of a divorce between two parties. It covers a wide range of provisions including division of assets and debts, alimony, child support, and custody arrangements. This document is essential for individuals seeking to formalize the terms of their separation and avoid potential disputes in the future. By clearly delineating rights and responsibilities, it provides a structured path forward for both parties, ensuring a fair and equitable resolution to their separation.

Key Features

✓Includes detailed provisions for the division of property, ensuring a fair distribution of assets and liabilities.
✓Outlines custody arrangements and visitation schedules to prioritize the welfare of any children involved.
✓Specifies the terms for spousal support or alimony, including duration and amount, tailored to individual circumstances.
✓Contains clauses on the division of retirement benefits, protecting long-term financial interests.
✓Facilitates an amicable resolution by providing a framework for negotiation and settlement.
✓Legally enforceable once signed by both parties and approved by a court, offering peace of mind through legal certainty.

Important Provisions

  • Division of Property: Details on how both assets and liabilities will be distributed among parties.
  • Child Custody and Support: Outlines who will have custody of children, visitation rights, and financial support arrangements.
  • Spousal Support: Specifies if one party will provide financial support to the other, including amounts and duration.
  • Debt Responsibility: Clarifies who is responsible for existing debts after the separation.
  • Modification Clause: Allows for future modifications to the agreement under certain conditions.

Pros and Cons

Pros

  • +Simplifies the divorce process by providing a clear agreement that can be presented in court.
  • +Reduces legal expenses by minimizing the need for extensive litigation over assets and custody.
  • +Allows for personalized arrangements that reflect the unique needs of both parties and their children.
  • +Speeds up the legal process by presenting a mutually agreed-upon settlement to the court.
  • +Helps prevent future conflicts by clearly laying out terms and expectations for post-divorce life.

Cons

  • -May require negotiations and compromises that not all parties are willing to make.
  • -Legal complexities can still arise, necessitating professional legal advice to ensure fairness and compliance with local laws.
  • -Does not cover any issues that arise post-signing unless specifically stipulated within.

Common Uses

  • Formalizing an agreement on property division without court intervention.
  • Establishing detailed parenting plans that include custody arrangements and child support obligations.
  • Agreeing on spousal support terms directly between divorcing spouses.
  • Documenting how debts will be handled post-divorce to prevent future disputes.
  • Setting out agreements on how retirement accounts will be divided or managed.
  • Determining tax considerations and responsibilities post-divorce.

Frequently Asked Questions

To file for a legal separation using this agreement, first ensure all terms are mutually agreed upon. Then, each party should sign the document before filing it with your local family court. The court’s approval will make it legally binding.
Once signed, this document must be submitted to a court for approval. Upon review, if deemed fair and in accordance with local laws, the court will ratify it making the terms legally binding. Following this ratification, both parties are obligated to adhere to its provisions.
Modifications can usually be made if both parties agree to the changes or if significant circumstances change (e.g., income changes affecting child support). Any modifications must be documented in writing and approved by a court.
While signing the agreement makes it legally binding between the parties involved, court approval is necessary to enforce its provisions regarding property division, child custody/support, or spousal support under law.
While not mandatory, consulting an attorney is highly recommended to ensure that your rights are protected and that the agreement complies with local laws. Legal counsel can also help negotiate more favorable terms before finalization.

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