Divorce Settlement Agreement (District of Columbia — Court-Approval Packet)

MARITAL SETTLEMENT AGREEMENT AND PROPOSED ORDER TERMS

District of Columbia

Court Case Number: [____]

Assigned Judge / Calendar, if known: [____]

Spouse A: [FULL LEGAL NAME]

Spouse B: [FULL LEGAL NAME]

Date Signed: [__/__/____]

IMPORTANT COURT-APPROVAL AND SAFETY GATES

The Parties confirm:

☐ Each Party received complete asset, debt, income, expense, retirement, benefit, and tax disclosure listed in Schedule A.

☐ Each Party had the opportunity to obtain independent legal advice.

☐ Any coercion, family violence, stalking, abuse, protective order, safety concern, immigration concern, or unequal access to money or records has been disclosed to counsel and addressed in Schedule D.

☐ Separate deeds, retirement orders, beneficiary forms, account transfers, releases, refinancing, and tax documents have been identified; this Agreement does not substitute for them.

☐ The current child-support worksheet and required financial records are attached when children are involved.

☐ The proposed parenting plan contains complete schedules and safety terms.

☐ The Parties understand that court-controlled provisions do not become or change an order merely because this Agreement is signed.

1. BACKGROUND AND PURPOSE

1. The Parties married on [__/__/____] in [PLACE].
2. The date of separation, if disputed or legally relevant, is [__/__/____] / [DISPUTED].
3. Children whose custody or support may be addressed are listed in Schedule D.
4. The Parties intend to present the agreed terms to the Superior Court of the District of Columbia in the pending or contemplated domestic-relations matter.
5. This Agreement resolves only the matters expressly listed. Omitted property, debt, claims, or child-related issues require separate written treatment and, where applicable, court approval.

2. DISCLOSURE AND VOLUNTARY AGREEMENT

2.1 Disclosure Record

Schedule A shall identify each disclosure, date supplied, valuation date, source, missing record, dispute, and follow-up commitment. A general “full disclosure” statement does not cure an omitted asset or debt.

2.2 Independent Review

Each Party states that the Party:

1. read the Agreement and completed schedules;
2. understands the proposed allocation and court-approval process;
3. had sufficient time to review and ask questions; and
4. signs voluntarily, subject to the disclosures and qualifications expressly recorded.

2.3 No Hidden Reliance

Any promise, valuation, tax assumption, refinancing commitment, sale condition, or other inducement relied upon must appear in this Agreement or an attached signed schedule.

3. PROPERTY AND DEBT

3.1 Court Framework

D.C. Code § 16-910 directs the Court to assign qualifying sole property and to value and equitably, justly, and reasonably distribute other property and debt accumulated during the marriage that has not already been addressed by a valid agreement or legal-separation decree.

3.2 Property Schedules

Schedule B-1 lists property proposed for Spouse A. Schedule B-2 lists property proposed for Spouse B. Schedule B-3 lists disputed, contingent, unknown, or jointly retained property.

Each entry shall state:

• exact title and account or legal description;
• claimed classification and basis;
• valuation date, method, and source;
• debt or lien attached to the asset;
• transfer document and deadline;
• tax or transaction-cost allocation; and
• consequence if transfer, sale, or refinance does not occur.

3.3 Marital Home and Other Real Property

For each property, select and complete one route:

☐ Sale under the listing, pricing, repair, occupancy, carrying-cost, offer, closing, and proceeds rules in Schedule B-3.

☐ Transfer to [PARTY] with refinance or release deadline [DATE], interim payments, default route, and separate deed review.

☐ Continued co-ownership under a separately reviewed agreement.

3.4 Retirement and Employment Benefits

Schedule B-4 shall identify each plan, participant, administrator, valuation date, proposed share, gains or losses, loans, survivor benefit, fees, death-before-transfer treatment, and required order or form. A specialist shall prepare any required retirement order; this Agreement does not itself direct a plan administrator.

3.5 Debts and Creditors

Schedule C allocates payment responsibility between the Parties. That allocation does not release either Party from a creditor, lender, taxing authority, or other third party unless that third party separately agrees.

If one Party pays a debt assigned to the other, the responsible Party shall reimburse the documented amount within [____] days after written proof, subject to any court order and defenses preserved in Schedule C. No marital-asset liability cap applies.

3.6 Omitted or Misstated Property

The Parties shall promptly disclose a discovered omission or material error and seek a signed amendment and any required court relief. This clause does not predetermine classification, distribution, sanctions, or remedy.

4. ALIMONY

4.1 Selection

Select one after applying D.C. Code § 16-913 to the actual facts:

☐ Each Party asks the Court to approve a mutual alimony waiver, subject to the Court’s authority and the waiver language in Schedule E.

☐ [PARTY] asks the Court to order [INDEFINITE / TERM-LIMITED / STRUCTURED] alimony of $[____] per [____], beginning [DATE], under Schedule E.

☐ Alimony is reserved for court determination.

4.2 Findings Record

Schedule E shall record the financial and factual information relevant to the requested alimony structure, including self-support, education or training time, standard of living, duration of marriage, reasons for dissolution where relevant, age, health, needs, resources, and ability to pay.

4.3 Termination and Modification

No automatic remarriage, cohabitation, annual review, cost-of-living adjustment, or modification term applies unless District of Columbia counsel supplies a valid clause and the Court adopts it. A Party seeking to change an alimony order must use the applicable court process.

4.4 Security

Any life insurance, trust, lien, reserve, or other security for alimony must be separately described in Schedule E with ownership, premium, beneficiary, amount, duration, proof, replacement, and default terms.

5. CHILD CUSTODY AND PARENTING PLAN

5.1 Court-Controlled Standard

Under D.C. Code § 16-914, the child’s best interest is the primary consideration. The proposed legal- and physical-custody terms remain subject to Court review. Safety findings and orders control over inconsistent private terms.

5.2 Children

5.3 Legal Custody

Proposed legal custody: ☐ Joint ☐ Sole to [PARTY] ☐ Other: [____]

Schedule D shall allocate decisions concerning health, education, general welfare, records, emergency care, activities, religion or culture, and dispute escalation.

5.4 Physical Custody and Parenting Time

Schedule D shall state ordinary weeks, exchanges, holidays, school breaks, summer, travel, virtual contact, missed time, transportation, costs, right of first refusal if any, child belongings, and communication.

5.5 Safety Screen

Schedule D shall identify any intrafamily offense, abuse, neglect, kidnapping, protective order, criminal case, substance-use issue, mental-health concern, weapons concern, or other safety fact requiring court findings or protected exchange, supervision, confidentiality, or restricted contact.

5.6 Relocation

This Agreement does not invent a mileage threshold or universal 60-day notice. Schedule D shall state the proposed notice and decision process only after counsel reviews the existing order, jurisdiction, best-interest standard, safety issues, school schedule, and required motion or court approval.

5.7 Modification

D.C. Code § 16-914(f) permits custody modification or termination upon the required substantial and material change and best-interest determination. The Parties shall not privately self-execute a material custody change without the required court process.

6. CHILD SUPPORT

6.1 Guideline and Court Review

The Parties shall attach the current applicable worksheet and financial inputs. D.C. Code § 16-916.01 makes the guideline presumptive and requires a judicial officer to compare a consent agreement with the guideline. A departure must be supported through the court-controlled process.

6.2 Proposed Order

6.3 Shared or Sole Physical Custody Calculation

Schedule D shall record the overnights or time inputs and the selected current worksheet. Custody labels alone do not determine the support amount, and joint custody does not eliminate support responsibility.

6.4 No Automatic Recalculation

Support does not automatically recalculate each January or whenever income changes. D.C. Code § 16-916.01(r) supplies court and agency modification routes, including a rebuttable 15% presumption in specified circumstances, and subsection (t) permits court modification of settlement support terms upon the required change. The Parties shall use the current procedure and order.

6.5 Duration

Schedule E shall identify each child, the current legal duration rule, disability or other extension issue, arrears treatment, and terminating order or event after counsel review. “Emancipation” is not left undefined.

7. TAXES, INSURANCE, AND BENEFITS

7.1 Tax Returns

Schedule E shall state the tax year, filing approach, information exchange, preparer, estimated payments, refunds, liabilities, audits, amended returns, innocent-spouse or separate-liability issues, and indemnity or reimbursement process after tax advice.

7.2 Child-Related Tax Benefits

No dependency, filing-status, or tax-credit allocation is effective merely because a Party is current on support. Schedule E must record the current eligibility analysis, required release or form, alternating-year terms, information delivery, and fallback.

7.3 Health and Other Insurance

Schedule E shall state coverage, cost, proof, reimbursement, out-of-network, extraordinary expense, continuation, and lapse terms. Life-insurance security requires the details listed in Section 4.4.

7.4 Beneficiary Designations

Schedule E shall identify each account or policy, current designation, proposed change, plan or order restriction, deadline, proof, and interim death risk. No blanket ten-day change applies.

8. COURT SUBMISSION, ENFORCEMENT, AND MODIFICATION

8.1 Submission

The Parties shall submit this Agreement and proposed order terms through the procedure approved by D.C. counsel. If the Court rejects or requires revision of a provision, the Parties shall confer and submit a compliant revision; no officer or mediator may rewrite child or support terms unilaterally.

8.2 Merger, Incorporation, or Independent Contract Treatment

Schedule F shall state the requested treatment of each property, alimony, custody, support, and other provision after counsel analyzes enforcement and modification consequences. One blanket “survival” or “merger” label is not used for every term.

8.3 Enforcement

A Party claiming breach shall identify the order or contract provision, facts, requested cure, and urgency. Available enforcement, contempt, judgment, interest, fees, and other relief depend on the entered order, applicable law, and court findings; this Agreement promises none automatically.

8.4 Modification

Property, alimony, custody, and child support have different modification rules. Schedule F shall identify the correct route for each category. Mediation may be used only when safe and appropriate and does not delay emergency or mandatory court relief.

8.5 No Commercial Dispute Boilerplate

This Agreement contains no private arbitration of decree-controlled issues, jury waiver, marital-asset liability cap, force majeure, exclusive-forum promise, blanket injunction, or automatic prevailing-party fee clause.

9. GENERAL TERMS

9.1 Further Documents

Each Party shall sign the separate documents specifically listed in Schedule F after review. No Party must sign a document that materially changes the agreed economic or parenting terms.

9.2 Notices Between Parties

Routine notices use the addresses and methods in Schedule F. Court, support, tax, plan, deed, creditor, safety, or other formal notices must use their separate required process.

9.3 Amendments

An amendment must be in a signed record and must receive any required court approval. Informal parenting flexibility does not permanently amend an order.

9.4 Assignment

No Party may assign a personal family-law duty. Schedule F shall address any transferable property-payment right after counsel review.

9.5 Severability

If a provision cannot be approved or enforced, the remaining provisions shall be considered under their own terms and the Court’s authority. Severability does not authorize rewriting child, support, or property terms without consent and required approval.

9.6 Electronic Process and Signatures

Schedule F shall record the approved filing, signature, authentication, service, and final-version process. No electronic signature is declared equivalent to a handwritten original by boilerplate alone.

10. SIGNATURES

SPOUSE A

Signature: ____________________________________

Printed Name: [____]

Date: [__/__/____]

Counsel, if any: [NAME / BAR NUMBER / CONTACT]

SPOUSE B

Signature: ____________________________________

Printed Name: [____]

Date: [__/__/____]

Counsel, if any: [NAME / BAR NUMBER / CONTACT]

ACKNOWLEDGMENT OR NOTARIZATION

☐ Not required after case-specific review.

☐ Attach the current approved form for the signer and filing purpose.

SCHEDULE A — DISCLOSURE LOG

SCHEDULE B — PROPERTY AND TRANSFER MATRIX

SCHEDULE C — DEBT MATRIX

SCHEDULE D — PARENTING AND SAFETY PLAN

SCHEDULE E — ALIMONY, SUPPORT, TAX, AND BENEFITS

SCHEDULE F — COURT, IMPLEMENTATION, AND LEGAL-REVIEW PROFILE

Current-law verification note: official D.C. Council law-xml files for §§ 16-910, 16-913, 16-914, and 16-916.01 were fetched directly on August 16, 2026. Amendment screening surfaced D.C. Law 25-115, effective January 26, 2024, for §§ 16-910 and 16-913; the current official XML incorporates the operative text used here. No later relevant custody or guideline amendment lead appeared.