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Marital Settlement Agreement Template
Clearly define divorce terms and responsibilities with this Marital Settlement Agreement Template.
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Marital Settlement Agreement Template
This Marital Settlement Agreement (“Agreement”) is made and entered into on [Date], by and between:
Spouse 1 (Petitioner): [Full Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
Spouse 2 (Respondent): [Full Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
Collectively referred to as “the Parties.”
1. Purpose
The purpose of this Agreement is to settle all rights and obligations arising from the marriage of the Parties, including property division, child custody, and support, in accordance with the laws of [State].
2. Separation and Divorce
The Parties acknowledge that they have mutually decided to live separately and intend this Agreement to be incorporated into any final judgment of dissolution of marriage issued by a court of competent jurisdiction.
3. Property Division
The Parties agree to divide their property as follows:
a. Marital Property:
[List all property and specify which spouse will receive each item, such as real estate, vehicles, bank accounts, or personal items.]
b. Separate Property:
Each Party shall retain ownership of property acquired before the marriage or by gift or inheritance.
c. Debts:
[List any debts and specify which spouse is responsible for repayment.]
4. Spousal Support (Alimony)
☐ Spousal support will not be paid by either Party.
☐ Spousal support will be paid by [Name of Payor] to [Name of Recipient] in the amount of $[Amount] per [Month/Week], beginning [Date] and continuing until [End Date or Event].
5. Child Custody and Visitation
a. Legal Custody:
☐ Joint Legal Custody
☐ Sole Legal Custody to [Parent’s Name]
b. Physical Custody:
☐ Joint Physical Custody
☐ Sole Physical Custody to [Parent’s Name]
c. Visitation Schedule:
[Outline visitation or parenting time schedule, including holidays, weekends, and vacations.]
6. Child Support
The Parties agree that [Name of Payor] will pay child support in the amount of $[Amount] per [Month/Week], consistent with [State] child support guidelines. Payments shall begin on [Date] and continue until the child(ren) reach the age of majority or as otherwise provided by law.
7. Health Insurance and Medical Expenses
The Parties agree that [Name] will maintain health insurance for the minor child(ren). Uninsured medical expenses shall be divided as follows: [Percentage or Description].
8. Taxes
The Parties agree that:
[Name] will claim the child(ren) as dependents for tax purposes in [Years].
Each Party will be responsible for their own income tax obligations.
9. Mutual Release
Each Party releases and discharges the other from any claims, rights, or obligations not expressly provided for in this Agreement.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
11. Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes any prior oral or written agreements. Any amendments must be in writing and signed by both Parties.
12. Signatures
IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement on the date first written above.
Spouse 1 Signature: __________________________
Printed Name: __________________________
Date: __________________________
Spouse 2 Signature: __________________________
Printed Name: __________________________
Date: __________________________
13. Notary Acknowledgment
State of [State]
County of [County]
Subscribed and sworn before me on this _____ day of __________, 20____ , by [Spouse 1] and [Spouse 2].
Notary Public Signature: __________________________
Commission Expires: __________________________
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Marital Settlement Agreement Template
Marital Settlement Agreement FAQ
What is a Marital Settlement Agreement?
A Marital Settlement Agreement (MSA) is a written contract between spouses that resolves all major issues arising from their marriage, such as property division, debts, child custody, and support. It is often submitted to the court for approval as part of a divorce decree.
Why is a Marital Settlement Agreement important?
It provides clarity and legal enforceability to the decisions made during divorce, preventing future disputes. By formalizing terms in writing, both parties protect their rights and ensure compliance with state family laws.
When should you use a Marital Settlement Agreement?
Use it when both spouses agree on the terms of their separation or divorce before going to court. It is especially useful in uncontested divorces to streamline the process and avoid unnecessary litigation.
What should a Marital Settlement Agreement include?
The agreement should address asset and debt division, spousal support, child custody and visitation, child support, health insurance, tax responsibilities, and any other agreed terms.
Is a Marital Settlement Agreement legally binding?
Yes. Once signed and filed with the court, it becomes part of the final divorce judgment, making it enforceable by law.
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