ContractsCounsel Logo
Home Types of Contracts Divorce Settlement Agreement

Divorce Settlement Agreement

Jump to Section

A divorce settlement agreement is a legal document outlining the terms of a divorce settlement between the two parties. There are numerous divorce options, and not all demand a court appearance. To obtain a divorce, cooperative partners need to negotiate a settlement agreement (and have the judge approve it). An agreement that couples come to on their own and include the conditions of their divorce is known as a divorce settlement agreement.

What Is a Divorce Settlement Agreement?

All arrangements between divorcing spouses in relation to a divorce case are laid out in a document known as a divorce settlement agreement. The parties involved, the dates of their marriage, their separation, and the filing and response dates for the divorce papers will all be listed at the beginning of the agreement. It will include the children's names (or initials) and ages if the parties have any.

Additionally, it will outline the parties' intentions for settling their divorce and the grounds for their divorce. The agreements between the parties will then be outlined in all pertinent categories. Parties will gain from being as particular as they can. Finally, both parties will sign and date the contract.

Separation and Divorce Settlement Agreement

Before you may officially dissolve your marriage, you must file several divorce documents. Before a divorce settlement can be finalized, you and your husband must agree to your separation.

You should be aware of the differences between the phrases separation and divorce, as the former occurs before the latter's formalization. For divorce to be recognized by state law, many states demand that partners reside apart or adhere to specific living arrangement requirements.

Essential Elements of a Divorce Settlement Agreement

You can lawfully dissolve your marriage while limiting individual losses and damages by creating a structure for your divorce terms and conditions. A divorce settlement can assist you in creating a child custody arrangement that serves your child's or children's interests if you have children together.

Basic information about you and your spouse should be included in your divorce agreement, such as:

  • Your legal names, the day you got married, the day you split or intend to separate, and the day you were married
  • Where will your children live if you have children together
  • Assets, liabilities, and how they will be handled and allocated

If you entered into a prenuptial agreement, it would be quite obvious what assets will belong to you exclusively and which will be split equally between you and your future husband. To come to a mutually agreeable settlement, couples must negotiate. When you and your spouse cannot agree, a lawyer can serve as a mediator.

You are not required to sign a divorce agreement that your husband gives you. Instead, this contract suggests that you are legally free to discuss until you freely arrive at a mutually agreeable resolution.

How to Draft a Divorce Settlement Agreement

  • Step 1: Working with the Basics

    You must first obtain the necessary legal forms from the regulation collection in your courthouse or the state or district's government court or justice website. You should begin by stating the entire names of the parties involved in the agreement, just like in any legal contract. It will be you and your spouse in this situation.

  • Step 2: Include the Details

    Please provide all pertinent details concerning your marriage, such as the date of your wedding, the date of your separation, the names and ages of any young children from the union, and the reasons for your divorce.

    Your address and place of residence at the moment. This can indicate that one of you has left the family home or that you are currently living "separate and apart" there, as well as the current whereabouts of your children or any belongings you wish to identify.

  • Step 3: Verify Your Agreement

    Accepting the terms of the agreement contained in this document and your witnessed signatures will make the agreement legally binding. You and your spouse should confirm that you accept the terms of the agreement in this document (that your divorce will be uncontested).

  • Step 4: Determine Your Assets and Debts and Divide Them

    The laws governing the allocation of property during a divorce differ from state to state. A split must be fair, which implies that even if it isn't equal, it should still be acceptable. Some couples can agree on how to divide everything, while others seek the assistance of divorce lawyers to help them reach a favorable settlement for both sides.

    Remember your shared bills, such as bank loans, credit card debts, mortgages, auto payments, etc., as you divide the assets.

    Unless you agree otherwise, you are responsible for paying off your joint financial obligations. Some of them will be personal debts incurred before marriage, such as a student loan or a credit card for which only one spouse applied and was granted. If only one partner is named on the debt, that person will typically be responsible for paying it back.

  • Step 5: Make a Parenting Schedule for Visitation and Custody

    The next stage is to talk about issues involving your kids if you have any. You should decide if joint, shared, or sole custody is best for your circumstances. Don't be afraid to contact a child custody lawyer when deciding who will be the primary custodial parent. Clagett & Barnet will assist you in demonstrating that your children come first and that cohabitation is in your children's best interests.

    Any visitation rights that a non-custodial parent may have if the children remain with one parent should be specified in the agreement. To reduce the likelihood of future issues, include as many specifics as possible, such as the days of the week, the times visitation begins and ends, and what happens over the holidays.

  • Step 6: Agree on Alimony and Child Support

    Finally, alimony and child support should be examined. The rules in Kentucky's Child Support Worksheets are the minimal basis for determining how much child support is most suitable in a given situation. To put it simply, the Child Support Worksheet asks parents to input their financial data to determine a fair amount of child support. Changing this appropriate amount of child support upwards or downwards is possible.

  • Step 7: Finalizing the Agreement

    Once you have completed all the paperwork, carefully read them to check for any errors or omissions. Make sure that it is ideal for anyone who reads it. Your case's reputation may suffer if your agreement has errors or typos, which may also create potential misunderstandings. Before submitting your divorce settlement agreement to the court, our family lawyers will be happy to correct any errors and go through them with you.

Meet some lawyers on our platform

Steven S.

15 projects on CC
CC verified
View Profile

Ryenne S.

628 projects on CC
CC verified
View Profile

Forest H.

219 projects on CC
CC verified
View Profile

Maria A.

3 projects on CC
CC verified
View Profile

Why Hire a Lawyer for a Divorce Settlement Agreement

Hiring a lawyer to draft your divorce agreement is strongly advised. Alternatively, if your spouse's lawyer has already created it, you should employ a lawyer to evaluate it (on your behalf) and ensure that important legal clauses are added, removed, or changed to safeguard your interests.

If you don't have legal training, you can overlook significant flaws in the proposed agreement or be unaware of the precise language used to safeguard your interests. You could lose important privileges if you don't catch something.


If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Divorce Settlement Agreement Lawyers

Jon F. on ContractsCounsel
View Jon
5.0 (1)
Member Since:
April 18, 2024

Jon F.

GEORGIA licensed attorney
Free Consultation
Walhalla SC
3 Yrs Experience
Licensed in GA
Emory University School of Law

Hello! Interested in transactional and remote work. I primarily do real estate closings in northeast Georgia (I am ONLY LICENSED IN GEORGIA) but can also do simple wills and other transactional matters including title insurance and title work. You have definitely heard of my legal work -- now I'm happy on the transactional side!

Kenneth f. on ContractsCounsel
View Kenneth
Member Since:
April 12, 2024

Kenneth f.

Free Consultation
2 Yrs Experience
Licensed in TX
St. Marys School of Law

Kenneth D. Ferguson is a distinguished attorney who earned his Juris Doctorate from St. Mary’s School of Law in May 2022. During his time at St. Mary’s, Kenneth displayed exceptional dedication and skill in the field of law, culminating in a historic achievement when his team secured victory in the first-ever National Mock Trial Championship for the university. This remarkable feat showcased Kenneth’s innate talent for advocacy and his unwavering commitment to excellence, earning him a well-deserved induction into the prestigious Order of the Barristers organization. Kenneth serves as a respected member of the Board of Directors for the Texas Young Lawyers Association, where he contributes his insights and expertise to the development of the legal community. Additionally, he holds the esteemed title of Fellow of the Texas Bar Foundation, a recognition of his outstanding contributions to the legal profession. Kenneth is also a valued member of the Texas Bar College, demonstrating his commitment to continuous learning and professional growth. Kenneth is licensed to practice law in a multitude of jurisdictions, including all Texas Courts, the U.S. District Court Northern District of Texas, the U.S. District Court Eastern District of Texas, and their respective Bankruptcy Divisions.

David S. on ContractsCounsel
View David
Member Since:
April 15, 2024

David S.

Experienced Counsel
Free Consultation
Wayne, New Jersey
43 Yrs Experience
Licensed in NJ, NY
St. John's University School of Law

An experienced attorney, fully versed in all facets of commercial and developmental real estate, and general corporate practice, including representing all parties in purchasing, asset purchases, leasing and financing transactions. Experienced in the following areas: Real Estate Development/Development Projects • General Contract Drafting and Negotiation • Construction Contracts •Bankruptcy• Corporate Governance • Transactional Real Estate • Real Estate Financing • Litigation Mergers/Acquisitions • Labor and Employment • Management Equipment Leasing • Land Use • Landlord Tenant Matters

Jalyn P. on ContractsCounsel
View Jalyn
Member Since:
May 7, 2024

Jalyn P.

Managing Attorney
Free Consultation
Columbus, Ohio
8 Yrs Experience
Licensed in GA, OH
Cleveland State University

The J. Parks Firm is a boutique law practice that primarily focuses on Business, Intellectual Property and Family Law Matters. We believe that each client's needs are unique and we work to tailor individualize solutions for you. Feel free to shoot us a message to see if we are a good fit for your legal needs.

Joseph R. C. on ContractsCounsel
View Joseph R.
Member Since:
April 13, 2024
Melissa Merlo T. on ContractsCounsel
View Melissa Merlo
Member Since:
April 15, 2024

Melissa Merlo T.

In-House Counsel
Free Consultation
Hoboken, NJ
17 Yrs Experience
Licensed in NY
American University Washington College of Law

New York licensed attorney with 17 years of Commercial Real Estate. In-house since 2009. Generalist experience in many areas of law, including Corporate, Real Estate, Finance, Securities, Commercial, Litigation, Cybersecurity, Privacy, Labor, Landlord Tenant, Alternative Dispute Resolution, Transactions and Leasing, etc.

Rocio F. on ContractsCounsel
View Rocio
Member Since:
April 13, 2024

Rocio F.

Free Consultation
Munster, Indiana
25 Yrs Experience
Licensed in IL
The John Marshall Law School

Skilled attorney with particular experience in investigations, document review, corporategovernance, FCPA matters, real estate and regulatory matters, excels at providing sound adviseand savvy solutions while ensuring the highest level of professionalism and integrity.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Family lawyers by top cities
See All Family Lawyers
Divorce Settlement Agreement lawyers by city
See All Divorce Settlement Agreement Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city