Sample Partial Preview
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:
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
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
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.