MARITAL SETTLEMENT AGREEMENT

(Comprehensive Divorce Settlement – State of Arkansas)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Incorporation Into Decree
   3.2 Property Division
   3.3 Debt Allocation
   3.4 Spousal Support (Alimony)
   3.5 Child Custody & Parenting Time
   3.6 Child Support & Related Expenses
   3.7 Insurance & Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution & Acknowledgment

1. DOCUMENT HEADER

1.1 Title and Parties
This Marital Settlement Agreement (the “Agreement”) is entered into by and between [Full Legal Name of Spouse 1] (“Spouse 1”) and [Full Legal Name of Spouse 2] (“Spouse 2,” and together with Spouse 1, the “Parties”).

1.2 Effective Date
This Agreement is effective as of [Effective Date] (the “Effective Date”) and shall be incorporated, but not merged, into the Final Decree of Divorce to be entered by the [____] County Circuit Court, Domestic Relations Division (the “Court”).

1.3 Recitals
A. The Parties were lawfully married on [Marriage Date] in [City, State].
B. The Parties separated on or about [Separation Date] and have since lived separate and apart.
C. Each Party has made a full and fair disclosure of all income, assets, and liabilities.
D. The Parties desire to settle all rights and obligations arising from the marital relationship—including property division, debt allocation, alimony, child custody, and child support—pursuant to Arkansas law, including Ark. Code Ann. §§ 9-12-312 (alimony) & 9-12-315 (property division).
E. Adequate and sufficient consideration exists to support this Agreement, the sufficiency of which is hereby acknowledged.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Administrative Order 10” means Arkansas Supreme Court Administrative Order No. 10 governing Child Support Guidelines.
“Child(ren)” means the Parties’ minor child(ren), namely [Name(s) & DOB(s)].
“Court” has the meaning set forth in Section 1.2.
“Marital Assets” means all property, tangible or intangible, acquired by either Party during the marriage that is subject to equitable distribution under Ark. Code Ann. § 9-12-315.
“Marital Debts” means all debts and liabilities incurred by either Party during the marriage and not otherwise classified as Separate Debt.
“Separate Property / Separate Debt” means property or debt determined by mutual agreement or by applicable Arkansas law to be the sole property or sole obligation of a Party.
[Add additional defined terms as needed.]

3. OPERATIVE PROVISIONS

3.1 Incorporation Into Decree

The Parties shall request that the Court incorporate this Agreement into, but not merge it with, the Final Decree of Divorce, thereby retaining its independent contractual enforceability.

3.2 Property Division

3.2.1 General Rule. The Parties acknowledge Arkansas’ equitable-distribution framework and agree that the division set forth below is fair and equitable.

3.2.2 Allocation Schedule.
a. Property Awarded to Spouse 1:
• [List real estate, vehicles, bank accounts, retirement accounts, personal property, etc.]
b. Property Awarded to Spouse 2:
• [List real estate, vehicles, bank accounts, retirement accounts, personal property, etc.]

3.2.3 Instruments of Transfer. Each Party shall execute all deeds, bills of sale, assignments, or other instruments necessary to vest title in accordance with this Section within [___] days after the Effective Date.

3.2.4 Equalization Payment (if any). If a net imbalance exists after allocation, [Payor Party] shall pay [Payee Party] an equalization payment of $[Amount] on or before [Date].

3.3 Debt Allocation

3.3.1 Allocation Schedule.
a. Debts Assumed by Spouse 1: [List balances, creditors, account numbers (last four digits)].
b. Debts Assumed by Spouse 2: [List balances, creditors, account numbers (last four digits)].

3.3.2 Hold-Harmless & Indemnity. Each Party shall indemnify and hold the other harmless from any claim, cost, or liability arising from the debts he or she assumes. See Section 7.1.

3.4 Spousal Support (Alimony)

3.4.1 Type and Amount. [Periodic/ Lump-Sum/ Rehabilitative/ Waiver] alimony of $[Amount] per [Week/ Month] commencing [Start Date] and terminating upon the earliest of:
i. [End Date/ # of Payments];
ii. Death of either Party; or
iii. Remarriage or cohabitation (as defined under Ark. Code Ann. § 9-12-312) of the recipient.

3.4.2 Tax Treatment. For federal and state tax purposes, the Parties shall treat alimony payments [as taxable to recipient and deductible to payor / post-2018 non-deductible & non-taxable].

3.4.3 Modifiability. Alimony shall be [modifiable / non-modifiable] except by mutual written agreement or as otherwise provided by Arkansas law.

3.5 Child Custody & Parenting Time

3.5.1 Legal Custody. The Parties agree to [joint / sole] legal custody of the Child(ren).

3.5.2 Physical Custody & Parenting Schedule.
• Regular Schedule: [Detail weekday/weekend rotation.]
• Holiday Schedule: [Detail Thanksgiving, Christmas, Spring Break, etc.]
• Summer Schedule: [Detail allocation of vacation weeks.]

[// GUIDANCE: Attach a detailed Parenting Plan Exhibit to satisfy Ark. Code Ann. § 9-13-101 requirements and local court rules.]

3.5.3 Decision-Making Protocol. Major decisions (education, medical, extracurricular, religious) require [joint / sole] consent.

3.5.4 Relocation. A parent intending to relocate the primary residence of the Child(ren) more than [___] miles or outside Arkansas must provide [__] days’ prior written notice and comply with Arkansas relocation standards.

3.6 Child Support & Related Expenses

3.6.1 Base Support. [Payor Parent] shall pay $[Amount] per [Week/ Month] pursuant to Administrative Order 10, beginning [Start Date] via [Income Withholding / Clearinghouse].

3.6.2 Health Insurance. [Parent] shall maintain comprehensive health, dental, and vision insurance for the Child(ren). Uninsured medical expenses shall be allocated []% to Spouse 1 / % to Spouse 2.

3.6.3 Life Insurance. Each Party shall maintain life insurance in the face amount of $[Amount] naming the Child(ren) as irrevocable beneficiaries until the youngest Child attains the age of [18/ 21].

3.6.4 Educational & Extracurricular Expenses. The Parties shall share private school tuition, post-secondary education, and extracurricular expenses []% / % subject to mutual consent on enrollments exceeding $[Threshold] per year.

3.7 Insurance & Tax Matters

3.7.1 Vehicle & Homeowners Insurance. Each Party shall secure coverage for assets received and name the other as additional insured until title transfer is complete.

3.7.2 Tax Filing Status & Exemptions.
a. [Year of Divorce]: Parties shall file [jointly / married-separate].
b. Dependency Exemption: Alternating annually beginning [Tax Year], with Spouse [1/2] claiming the Child(ren) on even-numbered years.
c. Form 8332. The releasing parent shall execute IRS Form 8332 contemporaneously with this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity. Each Party has full legal capacity and requisite authority to execute and perform this Agreement.

4.2 Full Disclosure. Each Party warrants that he or she has fully disclosed all assets, liabilities, and income.

4.3 Independent Counsel. Each Party has had the opportunity to consult with independent legal counsel of his or her own choosing.

4.4 Voluntariness. This Agreement is entered into voluntarily, free from duress or undue influence.

4.5 Survival. The representations and warranties in this Section shall survive the Final Decree of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Restraining Covenant. Each Party shall refrain from harassing, assaulting, threatening, or otherwise interfering with the peace and privacy of the other, enforceable by restraining order if necessary.

5.2 Cooperation. The Parties shall execute all documents and take all actions reasonably necessary to carry out the terms of this Agreement.

5.3 Confidentiality. Except as required by law or Court order, the Parties shall keep the financial and personal terms of this Agreement confidential from third parties.

5.4 Notice Obligations. Written notice of any material change (address, employment, insurance coverage) shall be provided within [10] days.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure to (i) make required payments, (ii) execute transfer documents, or (iii) comply with custody provisions constitutes an “Event of Default.”

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the nature of the default. The defaulting Party shall have [10] days to cure monetary defaults and [30] days to cure non-monetary defaults prior to enforcement action.

6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
a. Contempt of court;
b. Specific performance;
c. Monetary damages; and
d. Attorney fees and costs.

6.4 Cumulative Remedies. All remedies herein are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other (“Indemnified Party”) from any claim, loss, or expense (including reasonable attorney fees) arising out of (i) debts or obligations assumed by the Indemnifying Party under Section 3.3; or (ii) breach of this Agreement.

7.2 Liability Cap. In no event shall either Party’s total liability under this Agreement exceed the aggregate value of Marital Assets awarded to that Party, except for obligations expressly designated as unlimited (e.g., child support).

7.3 Force Majeure. Neither Party shall be liable for delays in performing non-monetary obligations occasioned by events beyond that Party’s reasonable control, provided prompt written notice is given.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict-of-law principles.

8.2 Exclusive Forum. For matters not subject to arbitration under Section 8.3, the Parties irrevocably submit to the exclusive jurisdiction of the [____] County Circuit Court, Domestic Relations Division.

8.3 Limited Arbitration. Except for issues relating to child custody or child support (which are non-arbitrable under Arkansas public policy), disputes solely concerning interpretation or enforcement of property or debt provisions may be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) under its Family Law Arbitration Rules. The arbitral award may be submitted to the Court for confirmation.

8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent restraining orders, protective orders, or other injunctive relief in the Court.

8.5 Jury Waiver. Family-law matters in Arkansas are tried to the Court; accordingly, any right to a jury trial is inapplicable and expressly waived.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and approved by the Court. No waiver of any provision is effective unless in writing.

9.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except that either Party may assign to an estate or trust for estate-planning purposes provided such assignment does not impair the other Party’s rights.

9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Entire Agreement. This document constitutes the entire understanding of the Parties and supersedes all prior marital or separation agreements, whether oral or written.

9.6 Construction. The Parties jointly negotiated this Agreement; therefore, no presumption against either Party shall apply in interpreting any provision.

9.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which constitutes an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) are deemed originals.

10. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Consider adding attorney signature blocks if local court rules require counsel of record to approve settlement terms.]

NOTARY ACKNOWLEDGMENT

State of Arkansas )
County of __ ) ss.

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [Spouse 1] and [Spouse 2], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My Commission Expires: ____

[// GUIDANCE:
1. Attach mandatory Child Support Worksheet and Affidavit of Financial Means per Ark. Sup. Ct. Admin. Order 10.
2. Confirm local county procedural requirements (e.g., parenting class certificate, mediation certification) before filing.
3. Review all bracketed placeholders for client-specific facts.
4. Verify that property deeds, QDROs, and vehicle titles are prepared concurrently to avoid post-decree enforcement issues.
]