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Divorce Settlement Agreement

2 signers
1 Wife
2 Husband
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Use This Draft Divorce Settlement Agreement for Your Unique Marital Situation

A divorce settlement agreement is an essential written document drafted if you have been married and are currently ending your marriage. The terms of this agreement dictate how the divorcing spouses will divide all property, assets, debts, custody arrangements, and anything else between you both that is legally binding in the state that you reside in.
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divorce settlement agreement template

The Need for a Solid Divorce Settlement Agreement

When it comes to ending a marriage, many complex legal and financial issues must be addressed. This is why drafting a comprehensive and well-crafted divorce settlement agreement is so important.

There are many different types of issues that may need to be addressed in a divorce case. For example, if you own a home together or other real estate properties, whether they will be sold or kept must be decided.

If you have any children together, custody arrangements and child support payments may need to be outlined. And if either of you has significant debts or income streams, these need to be accounted for.

When drafting your divorce settlement agreement, it is important to work with an experienced family law attorney who can help ensure that all aspects of your unique situation are included. Experienced attorneys can also help ensure that your agreement provides the necessary legal protections, so you feel confident that it will be honored in court if needed.

If you are considering ending your marriage and need to draft a divorce settlement agreement, feel free to use our template as a starting point. This sample agreement reflects your needs and provides the necessary legal protections going forward.​

Exploring the Contents of a Divorce Settlement Agreement

The first step in drafting a divorce settlement agreement is gathering all the necessary information about your situation. This may include information about your marriage and cohabitation, the date of separation, and the details of the divorce petition.

It also lists the names of children and child custody arrangements, spousal support, and other financial details or arrangements. You will also want to ensure you confirm the mutual promises and agreements outlined in the divorce settlement agreement.

Once you have all this information, it is time to start drafting your divorce settlement agreement. You will need to detail each of these items, so neither party can claim ignorance or misunderstanding over what is being divided in case a court order is required in the future.

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Marital settlement agreement

In some states, the term “divorce settlement agreement” may be referred to as a “marital settlement agreement.” Simply put, this is the formal document outlining the terms of your divorce and how you will divide your assets, and other vital details about your uncoupling.

Child support matters

Child support arrangements are typically part of these agreements. This legal document will also address custody and visitation if you have minor children. Your plan should cover physical custody arrangements.

Financial arrangements

A divorce settlement agreement will detail how each spouse’s finances are handled after the marriage is dissolved. This includes things like money, bank accounts, investments, and other financial matters that need to be addressed or divided between spouses.

Modification agreement

A modification agreement may be necessary if either spouse wishes to modify the terms of the original divorce settlement agreement. It can also address other details that have arisen since your initial separation or divorce, such as changes in employment or health circumstances.

FAQ About Divorce Agreement Documents

If you disagree with the terms of your spouse’s proposed divorce agreement as prepared by your spouse’s attorney, you can negotiate for changes until you feel comfortable moving forward. Remember, the proposal is the first step of the negotiations.
While you are not legally required to work with a family law attorney when drafting your divorce settlement agreement, having an attorney on your side to review the terms and advise you can be very helpful. This is especially true if there are any complex legal or financial issues involved in your situation.
When writing divorce agreements with a lawyer, you must ensure the language is persuasive in court. It needs to be precise and airtight so that you have legal grounds to enforce as part of the final divorce judgment.
If you and your spouse are able to negotiate all the terms of your divorce agreement without going to court, it is still essential to seek legal assistance. Lawyers can ensure that the document is legally sound and will be upheld in a court hearing if needed.

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