If you are planning to divorce your spouse, a Divorce Agreement can be used to set the terms for a division of assets. Create a Divorce Agreement today with our step-by-step document builder.
Last Update March 28th, 2023
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- Divorce Agreement Template
- What is a Divorce Settlement Agreement
- When to Use a Divorce Settlement Agreement
- How to Write a Divorce Agreement
- What to Ask for in a Divorce Agreement
- How to Enforce a Divorce Agreement
- Divorce Settlement Agreement Example
- FAQs About Separation Agreement
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What is a Divorce Settlement Agreement
A Divorce Settlement Agreement is a contract agreement used by a couple to split their property and liabilities prior to or at the time of filing for divorce. This written agreement also outlines alimony, custody arrangements, and if applicable, child support and child custody.
Once assets have been divided and any necessary custody arrangements have been finalized, a judge will be required to approve the agreement before issuing a divorce decree.
A Divorce Settlement Agreement also goes by the following names:
Divorce Settlement Agreement
Divorce Agreement
Divorce Settlement
Divorce Document
Divorce Contract
Marriage Settlement Agreement
Proposed Divorce Decree
When to Use a Divorce Settlement Agreement
A Divorce Settlement Agreement should be used if you and your spouse have financial and property issues to resolve. For example, a Divorce Agreement should be used if there are any bank accounts to divide, debt that must be allocated, or if you have children together and need to establish custody and support payments.
On the other hand, if there are no property, financial, or child-related issues then you will most likely not require a written settlement agreement before filing for divorce.
How to Write a Divorce Agreement
A Divorce Agreement can be created by you and your spouse at home, by negotiating the terms in collaboration with each other. Nevertheless, this type of legal form must be drafted correctly to avoid either spouse challenging it further down the line.
By using LawDistrict’s step-by-step document builder, you can easily write your own Divorce Agreement without a lawyer. However, it’s important that you are very thorough, clear, accurate, detailed, and be future-focused by covering all possible repercussions.
It’s also helpful to have your agreement reviewed by a neutral party to ensure that no important considerations are overlooked and that disputes may be avoided in the future.
Furthermore, a Divorce Agreement must contain the following information for it to be legally valid:
Date of the agreement
Full name of both spouses
Marriage date and location
Date of marriage end
Child support and custody arrangements
Spousal support terms and conditions
Life and health insurance
Division of spousal assets and property
Allocation of debt and liabilities
Name changes (if applicable)
Retirement benefits
Dependents
Any required disclosures
Additional provisions
Signatures and dates
What to Ask for in a Divorce Agreement
Your Divorce Settlement Agreement should mention all relevant items and responsibilities and how they will be split up between you and your spouse. You should make sure the following divorce-related issues are included in the contract to ensure they are taken care of down the line.
Alimony
Alimony is financial support awarded to a spouse before or after divorce or marital separation. The amount and duration of alimony should be negotiated with your partner and established in the agreement.
Child support
Child support is a payment made by one parent to the other for the purpose of financially supporting their children. This sum serves as a contribution to the child’s basic living expenses, and it should be included in your Divorce Agreement.
Parenting time schedule
Even in an amicable divorce, it’s recommended to define a parenting-time plan to avoid future disputes. By creating a detailed schedule, both parties will be clear of their responsibilities and steer clear of issues that could end up affecting the child or children.
Marital property and debt division
Dividing property and debts will depend on the specific property laws and property division model of your state. For example, your state may use an “equitable distribution” model, whereby marital property is distributed according to the needs of each party and the facts of the case.
On the other hand, some states use a “community property” model. In this case, marital property is divided fairly equally regardless of whether one of the spouses is more to blame for the divorce, who contributed more to the marriage, or who has more separate property.
Life and health insurance
If you or your spouse will have the responsibility of making child support or alimony payments, then a provision should be included requiring the paying spouse to maintain life and health insurance for the other spouse.
This policy should name the other spouse as a beneficiary so that they will continue to receive money for themselves or their kids in case the paying spouse passes after the divorce.
How to Enforce a Divorce Agreement
A Divorce Agreement should be enforceable with agreed-upon terms, a pledge for both spouses to abide by those terms, and what penalties will be incurred if either party fails to follow through with their responsibilities.
Enforcing a Divorce Agreement can be done by filing a formal request or motion with the court by preparing the necessary legal paperwork. You will need to show evidence of how your ex-spouse failed to follow the agreement’s terms and conditions.
Common reasons for enforcing a Marital Settlement Agreement include:
Your ex-spouse failed to fulfill required child or spousal support payments
Your ex-spouse failed to maintain insurance policies
Your ex-spouse failed to make the necessary mortgage payments
Divorce Settlement Agreement Example
It can be difficult to complete a Divorce Agreement template without first seeing a verified example. Review our sample below before you begin to get a clearer view of what a Divorce Agreement looks like and to make the process of writing your own document more simple.
FAQs About Separation Agreement
If you still have some doubts or questions about creating your own Divorce Agreement, don’t worry. We’ve answered the most common queries about how these essential legal documents work in our FAQs below.
Can I create my own Divorce Agreement?
To create your own Divorce Agreement template, you will need to determine the terms of the divorce with your spouse.
Once you have finalized these details, you should draw up your document. This can be done easily with LawDistrict’s expert legal guidance and online builder. With our Divorce Agreement form, you can quickly create your own template.
Can a Marital Settlement Agreement be changed?
In many cases, a Marital Settlement Agreement can be modified, even if the divorce is finalized. You can go back and modify the document to make things easier for both parties, however, both you and your spouse need to agree on the new changes.
With LawDistrict’s template builder you can edit your documents at any time from any device, making it easy to adjust your Divorce Agreement in minutes.
There may also be certain aspects of the agreement that can no longer be changed legally, and in these cases, it’s recommended to contact an attorney to determine the best way forward.
How to sign a Marital Settlement Agreement?
After you have come to a general agreement with your spouse, and it has been written in the Marital Settlement Agreement, then you may sign the document. The agreement must be signed by both spouses and will be recognized in every state.
The Settlement Agreement may then be filed with a court and put up for review by a judge, who will ensure that it is fair and reasonable to both parties. The couple may then apply for a divorce decree.