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Other Names: Settlement Agreement
Divorce Settlement Agreement document preview

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. 
 
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 attorney network.

When to use a Divorce Settlement Agreement:

  • 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.

Sample Divorce Settlement Agreement

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

 

ARMED FORCES.

 

MARRIAGE DATE. The parties were married to each other on in , child was children were

 

.

 

SEPARATION DATE.

 

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.

 

INCOME.

 

 

renAn agreement to modify the current custody or visitation schedule has been reached by the parties. The alternative terms are as follows:. Legal Custody. Legal custody for the purpose of this agreement refers to the authority to make major decisions regarding minor child of the marriage, which can include but are not limited to health care, religion, and education. . Physical Custody. Physical custody for the purpose of this agreement refers to the authority to make routine and day-to-day decisions regarding the child and where the child's primary residence will be.

Parenting Time/Visitation. The non-custodial parent will have visitation with the children as follows:

delivered to school or daycare the following morning.

The parents believe they can work together to establish a holiday visitation schedule.

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

Holiday, summer and extended visitation defined herein have precedence over regular parenting time/visitation. Any missed visitation due to holiday or extended visitation will not be made up at a later date. The parents will use thoughtful consideration when exercising and scheduling visitation so that the child education is not interfered with or hampered in any way.

. Exclusive Rights. shall have the following exclusive rights:

-

-

shall be responsible for all costs of transportation to exercise . visitation and custody possession and conservatorship 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. The parties agree will be responsible for paying the health insurance for the minor child so long as it is available at no or nominal cost through his or her employment. The parties agree shall be responsible for any non-covered or co-pay expenses related to medical, dental, optometric, orthodontic, physical therapy, psychiatric or pharmaceutical needs of the minor children. 's educational, medical, dental, religious, insurance, and other records or information.

. This right does not require any school to hold a separate conference with each parent.

by written, telephonic, and electronic means.

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.

attend.

A violation of this order may subject the party in violation to civil or criminal penalties, or both.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age and the child is considered to be 'emancipated' under New York Law, the parents' support obligation ends. Under this court order is responsible for paying child support in the amount of . In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age and the child is considered to be 'emancipated' under New York Law, the parents' support obligation ends. The parties acknowledge that the child support order which would result from the application of their state's Child Support Guidelines, is different. directly to the custodial parent.In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age and the child is considered to be "emancipated" under New York Law, the parents' support obligation ends.

COOPERATION.

 

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.

 

The parties agree the marital home will be sold and proceeds will be divided in the following percentages after payment of any mortgage and sales costs:

The parties agree will remain in the home located at , , and have sole and absolute ownership of the same. will

 

have do not have

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.

 

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.

 

SPOUSAL SUPPORT/ALIMONY. past, present and future alimony

 

yearyears yearyears
The parties agree that, in the event of divorce or dissolution of marriage, desires to and shall have the right to be known by the name of .

TAXES.

 

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.

 

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.

 

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.

 

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.

 

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

 

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 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:PARISH OF , ss:

On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.

Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.

This instrument was acknowledged before me on this _____ day of ____________________, _____ by .

On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.

On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

 

In witness whereof I hereunto set my hand and official seal.

Notary Public

Signature of person taking acknowledgment

 

_________________________________

Name typed, printed, or stamped

Title (and Rank)

 

_________________________________

Title or rank

 

My commission expires _____________

 

_________________________________

Serial number (if applicable)

Serial number, if any

 

Notary Address:

_________________________________

_________________________________

_________________________________

_________________________________

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:PARISH OF , ss:

On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he/she executed the same.

Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.

This instrument was acknowledged before me on this _____ day of ____________________, _____ by .

On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.

On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

 

In witness whereof I hereunto set my hand and official seal.

Notary Public

Signature of person taking acknowledgment

 

_________________________________

Name typed, printed, or stamped

Title (and Rank)

 

_________________________________

Title or rank

 

My commission expires _____________

 

_________________________________

Serial number (if applicable)

Serial number, if any

 

Notary Address:

_________________________________

_________________________________

_________________________________

_________________________________

The parties acknowledge that issues of child custody or visitation relative to the parties' minor child have been determined by the of in the state of under docket/case number . That court maintains continuing and exclusive jurisdiction over issues relating to the minor child of this marriage. A copy of all orders entered relative to custody or visitation is attached to this agreement and shall be incorporated into any Judgment or Decree of Divorce subsequently entered.. Legal Custody. Legal custody for the purpose of this agreement refers to the authority to make major decisions regarding minor child of the marriage, which can include but are not limited to health care, religion, and education. . Physical Custody. Physical custody for the purpose of this agreement refers to the authority to make routine and day-to-day decisions regarding the child and where the child's primary residence will be. children as follows:

delivered to school or daycare the following morning.

The parents believe they can work together to establish a holiday visitation schedule.

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

New Year's Eve

New Year's Day

Martin Luther King Day

President's Day

Spring Break Week

Easter Weekend

Mother's Day

Memorial Day

Father's Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Holiday Break

Winter Holiday Break

Hanukkah

Christmas Eve

Christmas Day

shall be responsible for all costs of transportation to exercise visitation. 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. The parties agree will be responsible for paying the health insurance for the minor child so long as it is available at no or nominal cost through their employment. The parties agree shall be responsible for any non-covered or co-pay expenses related to medical, dental, optometric, orthodontic, physical therapy, psychiatric or pharmaceutical needs of the minor children. 's educational, medical, dental, religious, insurance, and other records or information.

. This right does not require any school to hold a separate conference with each parent.

by written, telephonic, and electronic means.

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.

attend.

 

- An action for divorce by persons of the same gender, even if neither party to the marriage is no longer a resident of the District of Columbia at the time the divorce action is commenced (and the parties subsequently reside in a jurisdiction that does not recognize same-sex marriages), may be upheld under District of Columbia law if the divorcing couple can prove that the marriage was performed in the District of Columbia.

 

Please note that self-representing individuals are not required to electronically file ("e-file") or electronically serve ("e-serve"). Refer to the "How to File For a No-Fault Divorce" help provided after the signature portion of the document to assist you in navigating the steps to begin to finalize your divorce. , or use the "How to File For a No-Fault Divorce" section located after the signature section of the document

Refer to the "How to File For a No-Fault Divorce" help section provided after the signature section of this document to assist you in navigating the steps to finalizing your divorce.

 

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