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A divorce settlement agreement (also called a Marital Settlement Agreement or MSA) is a written contract between spouses outlining property division, spousal support, child custody, and support arrangements. It is the central document in an uncontested divorce and becomes legally binding once approved by the court.

What Goes in a Settlement Agreement

A complete settlement agreement must address all marital issues: real property, personal property, vehicles, bank accounts, retirement accounts, debts, spousal support terms, health insurance, life insurance, tax filing status, and if applicable, child custody, visitation, and support.
SectionWhat It Covers
Property DivisionReal estate, vehicles, personal items, bank accounts, investments
Debt AllocationMortgages, credit cards, student loans, other debts
Spousal SupportAmount, duration, and conditions for alimony payments
Child CustodyLegal and physical custody arrangements
Visitation ScheduleRegular schedule, holidays, vacations, special occasions
Child SupportMonthly amount, medical/dental coverage, education expenses
InsuranceHealth, life, and auto insurance continuation or changes
Tax MattersFiling status, dependent claims, division of refunds/obligations

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How to Create a Settlement Agreement

  1. List all assets and debts: Create a complete inventory of everything owned and owed
  2. Discuss and agree on terms: Both spouses must agree on how everything will be divided
  3. Address children: If applicable, create a custody and support plan
  4. Draft the agreement: Use an online template service for proper legal language
  5. Both spouses sign: Both must voluntarily sign the agreement
  6. Submit with divorce petition: File as part of your uncontested divorce package

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Settlement Agreement FAQ

A divorce settlement agreement covers property division, debt allocation, spousal support (alimony), child custody and visitation, child support, insurance continuation, tax filing arrangements, and any other matters the spouses need to resolve.

Yes. Once signed by both spouses and approved by the court as part of the divorce decree, a settlement agreement becomes a legally binding court order. Violations can be enforced through contempt of court proceedings.

No. Many couples create their own settlement agreements using online legal document services. However, having each spouse independently review the agreement with their own attorney is recommended for complex situations involving significant assets or business interests.

Property division terms are typically final and cannot be modified. However, child custody, child support, and sometimes spousal support can be modified if there is a significant change in circumstances.

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Divorce Forms Editorial Team

Our team of has helped thousands of individuals navigate the divorce filing process. We research state-specific requirements and provide accurate, up-to-date guidance on all divorce-related forms and procedures.