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Marital Settlement Agreement

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Marital Settlement Agreement

File Type: Word      Price: $9.99        


Summary: A Marital Settlement Agreement, also called "divorce agreement" or "marital termination agreement," is an agreement made by a divorcing couple regarding the division of marital property, custody and visitation rights regarding children, alimony and/or child support payments, etc. This agreement must be evidenced in writing, signed by both divorcing parties and accepted by the court in the jurisdiction governing the divorce. The Marital Settlement Agreement becomes part of the divorce decree and eliminates the necessity of having a trial on certain issues to the extent they are covered by this agreement.


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Sample Marital Settlement Agreement

This Agreement is made as of *MONTH *DAY, *YEAR by and between *HUSBAND NAME who resides at *HUSBAND ADDRESS ("Husband"), and *WIFE NAME who resides at *WIFE ADDRESS ("Wife"). (Sometimes Husband and Wife are referred to as "Party" or "Parent"). 

The parties married on *MARRIAGE-DATE, at *MARRIAGE-LOCATION. Note: If children are involved, consider the benefits of consulting with a family therapist. Be certain to address child support and the different tax consequences of child support versus alimony. 

The parties have one minor child issue of the marriage, to wit: *CHILD NAME, born *BIRTH DATE. 

As a result of the breakdown of the marriage relationship, the parties have concluded that their differences are irreconcilable and that the marriage has broken down irretrievably, and a decree of dissolution of marriage should be entered.

Note: The following paragraph (as this entire sample agreement) obviously has to be modified to fit the facts in your case. Don't be penny wise and pound foolish, if you are get a lawyer who can provide expert professional guidance, especially if you will end up in court. Similarly, stay actively involved in your case, don't delegate to your lawyer or other professionals vital personal decisions you need to be involved with. Husband has instituted a legal action, claiming a decree of dissolution of marriage and other relief, which action is pending in the *COURT NAME (hereinafter the "court") bearing Docket Number *DOCKET NUMBER.

The Parties desire to settle all their rights and obligations arising from their marital relationship including, but not limited to, all financial and personal matters. The parties therefore have agreed as follows: 

1. Separation.

Note: Rules differ by state and case to case. Your lawyer may advise you to separate for a specified period of time to meet state law divorce requirements. In other circumstances this may not be advisable. 

The parties shall at all times live separate and apart from each other. Each shall be free from interference and authority and control, directly or indirectly, by the other as fully as if he or she were single and unmarried. The parties shall not molest each other or compel or endeavor to compel the other to cohabit with him or her. 

2. Effective Date and Relationship to Court Action.

This Agreement shall become effective and binding upon the Husband and Wife and their respective legal representatives, heirs, successors and assigns, immediately upon the execution of it by the last of the Husband and the Wife. At the time that either the Husband or Wife proceeds to final judgment in an action for a dissolution of their marriage, this Agreement shall be fully disclosed to the Court. At the time of any hearing in the dissolution action, the parties shall recommend to the Court that this Agreement become part of the court file. Neither party shall request that the Court interpret or apply any provision contrary to this agreement so long as all obligations between the parties as set forth in this Agreement have been met to their reasonable satisfaction. This Agreement shall not merge with any court Order or Judgment of Dissolution of marriage, but all of the agreements contained herein shall be enforceable as between the parties. Note: In many Agreements, the parties may share joint legal custody, but one spouse may serve as the primary custodial parent. The following is a relatively simplistic custody provision used where the spouses relationship is amicable. If not, a far more detailed specification of visitation rights, etc. might be preferred. Consider working out the custody issues with a mediator and child therapist. Try to avoid legal battles over the custody issues since the children will suffer. Be sure that a weekly rotation indicated below is really appropriate for the children. For young children, it may not be. Remember, the children are the most important goal, money is only money and can be earned again. Children can be irreparably harmed. NEVER use them as pawns for other objectives.

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