Free Marital Settlement (Divorce) Agreement Forms [PDF Download]

Have you decided to end your marriage after several unsuccessful attempts to save it? This article can help you with that. The entire process of creating a marital settlement agreement will be explained to you step by step to avoid any confusion and ensure fair conditions.

This text will outline the crucial divorce laws that provide the necessary guidelines that spouses must follow. Finally, you will get a detailed explanation on how to fill out the marital settlement agreement, which records all agreements reached regarding the divorce.

What is a Marital Settlement Agreement Form?

A marital settlement agreement form is a legal document that defines the terms and obligations accepted by the married couple to ensure that the marriage ends decently and without any issues.

The document must include at least basic agreements related to divorce, such as the division of marital property, child custody, and spousal support. Of course, besides the basics, many other items can be added to help the spouses part ways as friendly as possible.

Such a document not only helps spouses come to an agreement but also reduces legal costs since it can be drafted without legal assistance and can speed up the divorce process. It reduces the need for hearings since the spouses have already reached an agreement.

Marital Settlement (Divorce) Agreement vs. Divorce Decree

There are several differences between a marital settlement agreement and a divorce decree, starting with who forms these documents. In the case of the settlement agreement, the spouses create a document by making decisions on their own regarding the divorce.

The judge, who makes decisions that are in the best interests of both parties, issues the other document. Additionally, spouses are not required to follow the conditions of the settlement agreement until they are divorced.

On the other hand, the divorce decree must be complied with as soon as it takes effect.

Marital Settlement Agreement Form by States

How to Negotiate a Divorce

In order to negotiate a divorce effectively, spouses should first inform themselves of the divorce process. This section covers a few steps that should provide enough information for spouses to prepare for upcoming negotiations.

#1. Find a Divorce Attorney

Finding a divorce attorney is not a major issue, considering their presence on legal online platforms such as Avvo and LegalMatch. In just a few clicks, a spouse can get information about available local attorneys, their experience, and reviews from other clients.

Additionally, friends or family members can recommend an attorney who helped them. It is important to mention that even in cases of uncontested divorce, spouses should consider getting legal assistance just to make sure everything is fair and transparent.

#2. Meet With Your Divorce Attorney

After that, the spouse should meet with the divorce attorney to discuss the next course of action. The attorney will determine which documents the party needs to gather.

In addition to representing the client in court, the attorney can calculate child support and alimony or draft a divorce settlement agreement.

#3. Get in Touch With Your Spouse’s Divorce Attorney

After consultations and setting desired goals regarding the divorce process, the party should get in touch with the opposing party’s divorce attorney. Then, they should present their terms and listen to the opposing party’s terms to gain a general understanding of the current situation.

#4. Schedule a Meeting

It is also necessary to schedule a meeting where both sides can state their opinions and expectations. Before the meeting, necessary documents should be gathered, such as financial reports or a list of marital property and debts.

It is also important to determine the priority issues that need extra attention.

#5. Negotiate the Terms

Regarding negotiations about terms, agreements must be reached on several key issues, such as child custody, spousal support, and property division. If spouses cannot agree on all terms related to the divorce, then the contested divorce process begins.

In this case, the court will make decisions instead of the spouses regarding the divorce provisions in a way that is acceptable for everyone involved.

#6. Sign The Marital Settlement Agreement

When all agreements are reached and put on paper, it is time to sign the marital settlement agreement. Now that everything has been agreed upon, spouses are only waiting for the judge to grant the divorce, and here starts an uncontested divorce process.

#7. Go to a Court Hearing

The spouses must go to the court hearing and submit the divorce agreement. The judge will review the document and grant the divorce if they find that the terms are reasonable and neither party is suffering financially.

#8. Receive a Divorce Decree

Now all that is left is for spouses to receive the divorce decree. Usually, the court will send a decree by mail approximately 30 days after the final hearing.

Marital Settlement (Divorce) Laws

Marital settlement laws are created to protect legal rights and provide structure to the divorce process. They most commonly regulate matters related to children, financial support, and marital property.

#1. Division of Property

The division of property covers the division of all assets and liabilities acquired during marriage. This includes real estate, vehicles, some personal belongings, bank accounts, and debts.

If there is evidence that something was acquired before marriage, through inheritance, or received as a gift, then it will not be included in the division. Marital property in the USA is distributed according to equitable distribution law or community property law.

Equitable distribution law is the more common of the two, and it is used in 41 states. The main principle of this law is to divide property based on what is fair and not necessarily equal, as stated in the Uniform Marriage & Divorce Act § 307.

The court will take into account specifics about marriage length, the current financial situation of the parties involved, and what each party contributed to the marriage.

As for the community property law, it states in Section 25.18.1.2.2 of the Internal Revenue Manuals that all assets and debts acquired during marriage belong equally to both spouses, so in the case of divorce, they are divided into equal parts. This also means that debts are divided equally, and it does not matter who made them.

#2. Alimony

The court may order one spouse to pay the other alimony as a form of financial support. For the court to even consider alimony, it is necessary for the spouse to request it through a divorce petition.

Rules about the length of alimony vary by state, often being set at one-third or one-half the length of the marriage. The court may also award permanent support if one spouse is really old or temporary support for a spouse during the divorce process, if necessary.

The amount of alimony also depends on the laws of a particular state, but the most common factors that are considered for determining the amount are both spouses' income and the duration of marriage. Courts in certain states use specific formulas or calculators for determining the amount.

Spouses do not have to wait for a court’s decision. Instead, they can use a divorce settlement agreement to negotiate financial support and begin to carry it out.

#3. Child Custody

Child custody refers to the process of determining who will be the guardian for children in the event of divorce. The term “guardian” refers to a person, usually a parent, who has legal and moral obligations towards children related to their care and well-being.

There are two types of child custody: physical and legal custody. Physical custody determines with whom the children spend time or who takes care of them, while legal custody gives parents the legal right to make important decisions on behalf of the children, such as choosing a school.

The court will make the decision on child custody matters. When making these decisions, the court considers what is in the best interests of the children. A better option for children is for parents to make the custody decisions.

This can be done through a divorce agreement that is later submitted to the court. It would be a good idea for parents to create a parenting plan so that they can each spend enough time with their children and participate in their upbringing.

#4. Child Support

Child support is a specific amount that one party must pay to the other with the intention of providing basic living conditions for their children. This support may include health insurance and money for education. Typically, the non-custodial parent is obligated to pay support.

The amount varies, and each state has guidelines for determining child support. Generally, factors that are considered when calculating the amount include the number of minor children, both parents' income and the children’s financial needs.

The court usually makes decisions regarding child support, but parents can, as previously stated, agree on terms for financial support and include them in a matrimonial settlement. Penalties for not paying child support should not be ignored.

They vary by state and range from suspension of a driver's license to imprisonment.

How to Write a Marital Settlement Agreement

In this section, it will be explained how to write a marital settlement agreement in seven easy steps. Each step will provide information on how to fill out this document correctly.

Step 1: Fill Out the Parties & Marriage Information

At the beginning of the document, husband and wife should enter their full names to introduce both parties participating in the creation of the settlement agreement. It would also be beneficial if they could include the date when the document was created to establish a time reference for future discussions.

Following that, it is necessary to enter brief information about the marriage, starting with the date of marriage and the location where the marriage was conducted. If the spouses are living separately, they should enter the date on which they formalized their separation.

This is required in some states because separation represents one of the main grounds for divorce. It is important to state in the settlement agreement if the married couple has minor children. All matters regarding child support and custody will be addressed in a separate section of the document.

Finally, they should state their position regarding financial disclosure, that is, whether they have shown each other their financial documents or waived that right.

Step 2: Provide Spousal Support Information

Now, spouses should determine if spousal support (alimony) is needed and make the necessary arrangements. If support is not needed, it should be indicated as such and proceed to the next section of the document.

On the other hand, if there is a need for alimony, it should be indicated and remain in this section to specify the terms. It is necessary to determine who is the supporting spouse and who is the supported spouse, along with the date when the support starts.

The next thing to do is to enter the amount and type of spousal support. By type, it refers to the duration of the support, including conditions for termination.

Support, depending on its duration, can be indefinite, meaning it will start after divorce is finalized and last until the death of one spouse, the remarriage of the recipient, or a court decision to modify or terminate it.

It can also have a fixed date, meaning that the date when support ends is provided. However, if the payment schedule is different and needs further explanation, it can be specified in an additional document and attached to the agreement.

It is very important for spouses to state if support terms can change and under what circumstances.

Step 3: Distribute the Property

When it comes to the distribution of property, spouses first have to make a list of everything they acquired during marriage and show it to the other spouse. This is required so that both spouses get a clear picture of everything included in the distribution process.

A marital settlement agreement template provides a section where spouses can list their property and assets, or they can make a separate document. Depending on the circumstances, spouses may have one or several real estate properties.

Usually, there is a marital home where spouses live, but the list may also include other houses, apartments, or land. The marital homes are the biggest issue when it comes to property division. Spouses should state who currently lives in the marital home, who owns it, and how it will be divided.

They can live together in the same home after divorce or sell it and share the money. Another option is for one spouse to keep the home and pay half of the value of the house to the other spouse.

The rest of the real estate can be distributed in a similar fashion or just separated into two sections. One will include property that will belong to the husband after the divorce is finalized, and the other will include the wife's property.

Step 4: Distribute the Assets

Assets can be distributed in the same way as property. Physical assets like vehicles, machines, tools, furniture, or jewelry can be separated into two groups, where one contains items that go to the wife and other items that go to the husband.

Now, bank accounts, retirement plans, and businesses can be addressed separately if details must be provided in order to divide them.

It would be a good idea to address debt issues in divorce settlements because, depending on the state laws, they could be distributed equally by the court. And it does not seem fair if one spouse is responsible for them and not the other.

Step 5: Outline Child Support & Custody

First of all, it is necessary to enter the number of minor children, their full names, and their date of birth. If the wife is pregnant, it should be stated to ensure that this is considered when determining child support.

Next, spouses should decide who will have sole custody over children or if it is going to be joint custody. Also, parenting time should be determined to make sure each parent spends enough time with their children.

Lastly, spouses have to decide if child support is needed. If it is decided that support is not needed, then spouses have no legal obligation to financially support children.

On the other hand, if child support is needed, then it has to be specified who will pay the support, how much, and the date when the payments start.

Step 6: Decide on the Residence

Spouses should declare where they will live after divorce and whether they plan to reside at a significant distance from children or not. This is extremely important in cases where spouses share custody of children, and it affects the parenting plan.

It is possible to add a condition to a divorce agreement that a spouse cannot move to a place where great distance would prevent them from fulfilling their obligations towards children. On the other hand, it is possible to allow relocation if it is announced in advance.

Step 7: Sign The Marital Settlement Agreement

When every matter is addressed and agreed upon, spouses should sign the divorce settlement. With their signatures, spouses declare that they accept the terms agreed to in the document.

Depending on the state laws in some jurisdictions, a witness or notary public will have to sign the document. Even if it is not required, notarizing the agreement is a good idea because it gives more credibility to the document.

5 Best Practices for a Divorce Settlement Agreement

Divorce Settlement Agreement Tips

Use a mediator: When negotiations reach a point where it seems like there is no progress, a mediator should be introduced to get things moving. The experienced mediator can give advice, propose a compromise, or recommend an acceptable solution in difficult situations.
Disclose financial and property information: Each spouse should be aware of their partners' financial situation and property holdings. This will ensure a fair and transparent divorce process.
Make terms as clear as possible: A divorce agreement should be created in a way that both spouses can understand. If at all possible, avoid using legalese because most people who sign this document lack legal knowledge.
Provide fair conditions: Both spouses should sign the document voluntarily and without pressure, unrealistic conditioning, or blackmail. Always try to be objective, and do not let emotions be your guide.
Seek legal guidance: In situations where there is something you do not understand or do not feel confident about, ask a divorce attorney for help. If you are having financial problems and cannot afford one, there are also organizations offering free legal aid.

Marital Settlement Agreement FAQ

No, you do not need a lawyer to get divorced. When a settlement agreement is prepared, and divorce is considered uncontested, there is no need for a lawyer. However, in more complex cases, legal assistance is advisable.
To enforce a marital settlement agreement, the spouse needs to file a complaint or petition with the court, outlining the terms of the agreement and requesting enforcement.
Yes, a marital settlement agreement can be changed, but only under certain circumstances specified and agreed upon by both spouses.
After a divorce settlement agreement is signed, it should be submitted to the court. The judge will review the agreement to see if everything is in order and include it in the divorce decree.
A divorce settlement agreement should include matters like child custody, child support, alimony, or division of marital property.