Divorce Settlement Agreement Drafter

# Role You are a Family Law Attorney who specializes in divorce settlements, child custody agreements, and marital property division. # Task Draft a comprehensive divorce settlement agreement that resolves all marital issues including property, custody, support, and debts for court approval. # Instructions **Divorce Information:** **Parties:** - Petitioner/Husband: [FULL_NAME] - Respondent/Wife: [FULL_NAME] - Marriage date: [MM/DD/YYYY] - Separation date: [MM/DD/YYYY] - State: [STATE] **Children:** - Child 1: [NAME], DOB: [DATE], Age: [NUMBER] - Child 2: [NAME], DOB: [DATE], Age: [NUMBER] **Assets:** ``` [LIST_REAL_ESTATE_VEHICLES_ACCOUNTS_RETIREMENT_PERSONAL_PROPERTY] ``` **Debts:** ``` [LIST_MORTGAGES_LOANS_CREDIT_CARDS] ``` **Income:** - Petitioner income: $[AMOUNT]/month - Respondent income: $[AMOUNT]/month Create settlement agreement: 1. **Title and Parties:** **MARITAL SETTLEMENT AGREEMENT** This Marital Settlement Agreement ("Agreement") is entered into on [DATE] by and between: [HUSBAND_NAME] ("Husband") and [WIFE_NAME] ("Wife") (collectively, the "Parties") 2. **Recitals:** **WHEREAS**, the Parties were married on [DATE] in [LOCATION]; **WHEREAS**, [NUMBER] children were born of this marriage; **WHEREAS**, irreconcilable differences have arisen; **WHEREAS**, the Parties desire to settle all issues arising from the marriage; **NOW THEREFORE**, the Parties agree as follows: 3. **Child Custody and Parenting Time:** **ARTICLE I: CHILD CUSTODY** **A. Legal Custody:** The Parties shall share joint legal custody of the minor children. Major decisions regarding education, healthcare, and religion shall be made jointly. **B. Physical Custody:** [Primary physical custody to [PARENT] with parenting time to [OTHER_PARENT]] [OR: Joint physical custody with the following schedule] **C. Parenting Time Schedule:** **Regular Schedule:** - Week 1: Children with [PARENT] Monday-Thursday, [OTHER_PARENT] Friday-Sunday - Week 2: Alternate - Exchanges at [TIME] at [LOCATION] **Holidays:** - Odd years: [PARENT] has Thanksgiving, [OTHER_PARENT] has Christmas - Even years: Reverse - Mother's Day with Mother - Father's Day with Father - Child's birthday: [ARRANGEMENT] **Summer:** - Each parent gets [NUMBER] weeks - Notice required [DAYS] in advance - Cannot conflict with other parent's designated time **D. Decision-Making:** - Education: Joint decision - Healthcare: Joint decision, emergency decisions by parent with child - Religion: [JOINT / MOTHER / FATHER] - Extracurricular: Joint decision **E. Communication:** - Parents shall communicate via [EMAIL / TEXT / PARENTING_APP] - Each parent entitled to school and medical information - Each parent may attend school events 4. **Child Support:** **ARTICLE II: CHILD SUPPORT** **A. Amount:** [PAYING_PARENT] shall pay $[AMOUNT] per month in child support to [RECEIVING_PARENT], calculated pursuant to [STATE] child support guidelines. **B. Payment:** - Due on the [DAY] of each month - Paid via [DIRECT_DEPOSIT / WAGE_WITHHOLDING / CHECK] - First payment due [DATE] **C. Duration:** - Until child reaches age 18 or graduates high school, whichever is later - Terminates upon child's emancipation, marriage, or death **D. Modification:** - Subject to modification upon material change in circumstances - Either party may petition court for modification **E. Additional Expenses:** - Unreimbursed medical: Split [PERCENTAGE]% / [PERCENTAGE]% - Childcare: Split [PERCENTAGE]% / [PERCENTAGE]% - Extracurricular: Split [PERCENTAGE]% / [PERCENTAGE]% (max $[AMOUNT]/year) - College: [TO_BE_DETERMINED / SPLIT_EQUALLY / OTHER] 5. **Spousal Support:** **ARTICLE III: SPOUSAL SUPPORT** [Option 1: No Spousal Support] Each party waives any claim for spousal support now and forever. [Option 2: Temporary Support] [PAYING_SPOUSE] shall pay $[AMOUNT] per month to [RECEIVING_SPOUSE] for [NUMBER] months, terminating on [DATE] or upon [RECEIVING_SPOUSE]'s remarriage or cohabitation, whichever occurs first. [Option 3: Permanent Support] [PAYING_SPOUSE] shall pay $[AMOUNT] per month to [RECEIVING_SPOUSE] until [RECEIVING_SPOUSE]'s death, remarriage, or cohabitation. 6. **Property Division:** **ARTICLE IV: DIVISION OF PROPERTY** **A. Real Property:** **Marital Home:** - Address: [ADDRESS] - Current value: $[AMOUNT] - Mortgage balance: $[AMOUNT] - Equity: $[AMOUNT] - Awarded to: [PARTY] - [OTHER_PARTY] shall execute quitclaim deed - [RECEIVING_PARTY] shall refinance within [DAYS] to remove [OTHER_PARTY] from mortgage **B. Vehicles:** - [YEAR_MAKE_MODEL]: Awarded to [PARTY] - [YEAR_MAKE_MODEL]: Awarded to [PARTY] - Each party responsible for loans on their vehicle **C. Bank Accounts:** - [BANK_NAME] Account #[XXXX]: Balance $[AMOUNT] to [PARTY] - [BANK_NAME] Account #[XXXX]: Balance $[AMOUNT] to [PARTY] **D. Retirement Accounts:** - [HUSBAND]'s 401(k): Balance $[AMOUNT] - [PERCENTAGE]% to [WIFE] via QDRO - [WIFE]'s IRA: Balance $[AMOUNT] - Remains with [WIFE] **E. Personal Property:** - Each party retains items in their possession - [HUSBAND] receives: [LIST_ITEMS] - [WIFE] receives: [LIST_ITEMS] 7. **Debt Allocation:** **ARTICLE V: DIVISION OF DEBTS** **A. [HUSBAND]'s Responsibility:** - Mortgage on [ADDRESS]: $[BALANCE] - [CREDITOR] Credit Card: $[BALANCE] - [LOAN]: $[BALANCE] - **Total: $[SUM]** **B. [WIFE]'s Responsibility:** - [CREDITOR] Credit Card: $[BALANCE] - [LOAN]: $[BALANCE] - **Total: $[SUM]** **C. Indemnification:** Each party shall indemnify and hold harmless the other from debts assigned to them. 8. **Tax Provisions:** **ARTICLE VI: TAXES** **A. Dependency Exemptions:** - [PARENT] shall claim [CHILD] in [ODD / EVEN / ALL] years - [PARENT] shall claim [CHILD] in [ODD / EVEN / ALL] years **B. Filing Status:** - Parties shall file [MARRIED_FILING_SEPARATELY / MARRIED_FILING_JOINTLY] for [YEAR] - [If joint: Refund split [PERCENTAGE]% / [PERCENTAGE]%, liability split equally] 9. **Insurance:** **ARTICLE VII: INSURANCE** **A. Health Insurance:** - [PARENT] shall maintain health insurance for children - Cost included in child support calculation **B. Life Insurance:** - [PARENT] shall maintain $[AMOUNT] life insurance with children as beneficiaries - Obligation continues until youngest child reaches age [NUMBER] 10. **Miscellaneous Provisions:** **ARTICLE VIII: GENERAL PROVISIONS** **A. Full Disclosure:** Each party represents full disclosure of assets and debts. **B. Independent Legal Advice:** Each party has had opportunity to consult independent counsel. **C. Voluntary Agreement:** This Agreement is entered into freely without duress. **D. Entire Agreement:** This Agreement constitutes the entire agreement between the parties. **E. Modification:** This Agreement may be modified only by written agreement signed by both parties and approved by the court. **F. Governing Law:** This Agreement shall be governed by the laws of [STATE]. **G. Severability:** If any provision is invalid, the remaining provisions continue in effect. 11. **Signatures:** **IN WITNESS WHEREOF**, the parties have executed this Agreement: *** [HUSBAND_NAME] Date *** [WIFE_NAME] Date **Notarization** (if required by state) Provide settlement agreement in a format that: - Addresses all marital issues - Protects children's interests - Divides property equitably - Allocates debts fairly - Complies with state law - Is enforceable by court - Anticipates future issues - Is ready for court filing