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Divorce Settlement Agreement template
Divorce Settlement Agreement sample


What is Divorce Settlement Agreement?

Divorce Settlement Agreement Resolves divorce-related issues, including property division, child custody, and support arrangements.



Sample template:



DIVORCE SETTLEMENT AGREEMENT


This Divorce Settlement Agreement (the "Agreement") is entered into as of [Date] by and between Johnny Johnson ("Husband") and Janice Parker ("Wife") (collectively, the "Parties"), who were married on [Date of Marriage], and who currently reside at [Address]. This Agreement addresses property division, child custody and support, and other arrangements necessary under the applicable laws of the United States.

1. Purpose of Agreement

The Parties desire to memorialize the terms of their marital dissolution and address their respective rights and responsibilities should the marriage terminate by divorce. The Parties intend for this Agreement to be binding, enforceable, and not subject to modification by any external legal counsel.



2. Marital Property Division

2.1. Community Property


Dividing the parties' community property will be fair and equitable, which may not necessarily be an equal distribution. The Parties have chosen to divide their community property, including property, assets, and debts, as described in Exhibit A attached hereto and incorporated herein.



2.2. Separate Property


Each Party acknowledges that they will retain ownership, management, and control of their separate property, including property, assets, and debts acquired before the marriage and any property received during the marriage by gift or inheritance. Separate property is listed in Exhibit B attached hereto and incorporated herein.



3. Children of the Marriage

3.1. Child Custody and Parenting Plan


The Parties have [number of children] child(ren) of the marriage: [list children's names and birthdates]. The Parties agree to a joint custody arrangement and have developed a parenting plan attached hereto as Exhibit C, which outlines the custody, visitation, and decision-making rights of each Party concerning the child(ren). The Parties agree to adhere to the terms of the parenting plan.



3.2. Child Support


Husband shall pay child support in the amount of $[amount] per month, payable in monthly installments on the [day of the month] of each month, commencing on [date]. These payments shall continue until the youngest child reaches the age of 18 or is otherwise emancipated. If there is a material change in circumstances, either Party can request a modification of child support in accordance with applicable child support guidelines. Payments shall be made directly to Wife or through a state-disbursed payment system, as required by law.



3.3. Health Insurance


[Husband/Wife] shall maintain adequate health, dental, and vision insurance for the minor child(ren) and provide proof of such coverage to the other Party annually. The Parties shall each be responsible for one-half of the unreimbursed medical, dental, and vision expenses incurred for the child(ren), including premiums, copayments, deductibles, and any necessary orthodontic treatment.



3.4. Education Expenses


The Parties shall each contribute to a college savings fund, such as a [529 plan], for the benefit of the minor child(ren). The Parties shall each contribute $[amount] per month, starting on [date] and continuing until each child reaches the age of 18 or is no longer attending post-secondary education. The Parties shall be equally responsible for tuition, books, fees, and other expenses related to post-secondary education, not covered by the savings fund.



4. Spousal Support

4.1. Waiver of Spousal Support


Both Parties acknowledge and agree that they have had an opportunity to consult with independent legal counsel regarding their rights to claim spousal support. The Parties knowingly and voluntarily waive any and all claims for spousal support, alimony, and/or maintenance, now and in the future, from the other Party.



5. Taxes

5.1. Tax Liability


Each Party shall be responsible for their individual tax liabilities, including those arising from the division of marital property, and shall hold the other Party harmless from any claims, liabilities, penalties, or expenses related to their individual tax obligations.



6. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the United States and the applicable state laws where the Parties reside or where the divorce proceedings are initiated.



7. Mutual Release

Subject to the provisions of this Agreement, each Party releases and discharges the other Party from any and all rights, claims, demands, and causes of action that they now have or may hereafter have, whether known or unknown, arising from their marriage or the dissolution thereof.



8. Full Understanding and Voluntary Execution

This Agreement contains the entire understanding of the Parties, who have read and understood its terms, and voluntarily enter into it. This Agreement may only be amended in writing and signed by both Parties.



9. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



IN WITNESS WHEREOF, the Parties have executed this Divorce Settlement Agreement, as of the date first above written.

_________________________ _________________________
Johnny Johnson (Husband) Janice Parker (Wife)

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Common Sections of a Divorce Settlement Agreement


In this Divorce Settlement Agreement, you will see the following sections:

  1. Purpose of Agreement
  2. Marital Property Division
  3. Children of the Marriage
  4. Spousal Support
  5. Taxes
  6. Governing Law
  7. Mutual Release
  8. Full Understanding and Voluntary Execution
  9. Counterparts


Analysis/Summary of each section

  1. Purpose of Agreement : This section explains that the agreement is meant to outline the terms of the couple's divorce, including their rights and responsibilities. It is intended to be binding and not subject to modification by external legal counsel.

  2. Marital Property Division : This section details how the couple's shared property, assets, and debts will be divided. It distinguishes between community property (shared) and separate property (owned individually). Exhibits A and B list the specific items in each category.

  3. Children of the Marriage : This section covers child custody, support, and related matters. It includes a parenting plan (Exhibit C) that outlines each parent's rights and responsibilities, child support payments, health insurance coverage, and education expenses.

  4. Spousal Support : In this section, both parties agree to waive their rights to claim spousal support, alimony, or maintenance from each other, now and in the future.

  5. Taxes : This section states that each party is responsible for their individual tax liabilities and will not hold the other party responsible for any tax-related claims, penalties, or expenses.

  6. Governing Law : This section specifies that the agreement will be governed by the laws of the United States and the applicable state laws where the parties reside or where the divorce proceedings are initiated.

  7. Mutual Release : In this section, both parties release each other from any rights, claims, or demands related to their marriage or its dissolution, subject to the provisions of the agreement.

  8. Full Understanding and Voluntary Execution : This section confirms that both parties have read, understood, and voluntarily entered into the agreement. It also states that any amendments must be in writing and signed by both parties.

  9. Counterparts : This section allows the agreement to be executed in multiple copies, each considered an original, but all together forming one complete document.

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