There are also commercial forms available online and in legal form books, which you can purchase at office supply stores or check out from the library. If you use a commercial form, make sure it’s approved for use in your state. If the form doesn’t specifically list the states where you can use it, ask a local attorney.
For example, you might write: This agreement between Sally Sunshine, spouse, hereinafter “Sunshine,” and Luna Lovegood, spouse, hereinafter “Lovegood. " If you have different last names, you can simply refer to each party by that unique last name. However, if you have the same last name, you’ll have to use something else to refer to each party. If you are a heterosexual couple, you may prefer to be called “husband” and “wife” throughout the agreement. You can also simply use your legal names. Some couples may use designations such as “Spouse A” and “Spouse B,” but this can often get confusing. Stick to something by which each of you will be readily identifiable without having to go back to the top of the agreement and figure out who’s who.
For the first part, you might write something like “The parties to this Agreement were legally married on October 31, 2016, in San Francisco, California, and have been married ever since. " If you have children, you would then write “The parties’ only children, living or deceased, are” followed by the names of your children and their dates of birth. If either spouse is capable of having children, include a statement about whether they are currently pregnant. If you don’t have children, you can simply include a statement such as “No children have been born to the parties and none are expected. "
For example, you might write: “Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage and they separated on or about December 26, 2018. They now live separate and apart from one another. " Add another line with information about your divorce proceeding. If no petition for divorce has been filed yet, include a statement such as “The parties, or one of them, anticipate soon filing a domestic relations suit. " Then list the name of the court where the lawsuit will be filed.
For example, you might have headings for “Real Property,” “Personal Property,” “Debts,” “Children,” and “Pets. " When you fill in the agreement, number each statement under the sections. That way, specific things will be easy to reference.
If neither of you have hired an attorney, this clause typically entails a disclaimer that both of you understand that you have the right to the assistance of legal counsel and have voluntarily chosen not to avail yourselves of that right. If you’ve agreed to split the court costs and filing fees associated with the divorce, you can include this in the settlement agreement. You might also include any agreement you’ve made regarding who will file the suit and when it will be filed.
Underneath the space for your signatures, add a notary block. You can copy this from any legal document. Make sure the notary block remains on the same page as the signatures as you add provisions to your agreement.
For example, you might write “The parties agree that their marital property and debts are minimal, and have already been divided to their mutual satisfaction. "
For example, suppose you had a mint-condition 1963 Porsche 911 that you bought several years before you and your spouse got married. That car is your separate property and should be acknowledged as such in your settlement agreement. If joint assets are used to maintain or improve separate property, the judge may decide it’s actually marital property and needs to be split fairly. However, if you both acknowledge it as separate property you can avoid this.
For example, suppose you and your spouse bought a home in your first year of marriage. You have a mortgage for $150,000 and $80,000 equity in the home. If you and your spouse agree that your spouse will stay in the home, your agreement will need to cover getting your name off the deed and mortgage. Deciding what to do with a home or other real estate can be one of the most difficult and expensive parts of getting a divorce. However, keep in mind that if you go to court without an agreement, the judge may order the property sold. If either you or your spouse has any interest in keeping the property, it’s worth the time and effort to come to an agreement about it.
Valuable items such as cars, boats, jewelry, and furniture should be listed individually. For other items, you can simply include a category and an estimated value for everything in that category. For example, you might list “Clothing” for each of you and assign a value of $2,000. For banking and investment accounts, include an account number and identify the financial institution where the account is held.
If you have secured debts, the debt typically follows the property it is attached to. So for example, if you are making payments for a car and you and your spouse agree that you will keep that car, you would typically be responsible for the payments as well.
Spousal support is most common when one spouse quits work to stay home with the couple’s small children. Spousal support is also common if one spouse makes a lot more money than the other, and as a result, the other spouse has become accustomed to a particular lifestyle. In your agreement, you can specify not only the amount of spousal support but the length of time those payments will be made. You can also decide whether you’ll simply pay the money between yourselves or have the paying spouse’s wages garnished. If you decide that neither of you will receive any spousal support, include a statement that says something like “Each of us gives up any right to spousal support that we may have. "
For example, you might decide that your spouse will have full ownership of your dogs, but that you can take them every other weekend. You can even agree that the non-custodial spouse will pay a certain amount each month to help with the cost of food, supplies, and veterinary bills. You may also want to specify your pet’s veterinarian or make agreements regarding how often your pet will be taken to the vet for regular check-ups.
Most states have specific forms you’ll need to fill out that show how you calculated child support and describe the specifics of your parenting plan. Talk to the clerk of the court where you filed (or plan to file) for divorce. These forms are also often available for download from the court’s website. While you can outline the specifics of your child support agreement and parenting plan in the body of your settlement agreement, it’s generally easier to fill out the required forms and incorporate them by reference. For example, under the section in your agreement labeled “Child Support and Custody,” you could write “The state child support and parenting plan worksheets are attached and incorporated into this agreement by reference. " If your local child support agency is involved in your case, they will likely have to sign off on your parenting plan and child support agreement.
For example, if your spouse has opened a savings account that they contribute to for your child’s college expenses, you would include the account number, balance, and financial institution of that account, along with a statement regarding the purpose of the funds. If you or your spouse agree to contribute funds for your child’s college or other expenses in the future, you may be able to deduct a portion of those amounts from any child support payments. Talk to a family law attorney or family court facilitator about how this works.
In many states, you and your spouse are required to complete financial disclosure forms that outline your separate and marital assets. The accounts and balances on your settlement agreement must match the accounts and balances on your financial disclosure forms.
An attorney can also make sure that the format of your agreement will be acceptable for your local court. If you can’t afford an attorney, your local family court may have a family court facilitator or self-help clinic that can look over your papers at no charge. Having someone else look over them could save you confusion or potential delays if something isn’t written correctly or if you’ve left out a necessary provision.
Notaries are available at the courthouse and at most banks. Plan on going together so the notary can witness both of your signatures at the same time.
Typically you will need to make at least 2 copies of your agreement to file along with the original. The copies are for you and your spouse – the clerk will stamp them filed and return them to you. The court will keep the original. You may want to call the clerk’s office ahead of time and find out what the specific requirements are. Each state has its own filing requirements and individual courts may have their own local rules.
