Divorce Settlement Agreement

SEPARATION AGREEMENT FOR DELAWARE DIVORCE

Family Court Case

This Separation Agreement ("Agreement") is made on [__/__/____] by [PARTY A] and [PARTY B] (together, the "Parties"). The Parties intend to resolve only the subjects stated below and to provide the documents necessary for implementation and, if selected, incorporation into their Final Decree of Divorce.

1. Incorporation and Court-Controlled Issues

Select one:

☐ The Parties will sign and file current Delaware Family Court Form 443 with this Agreement and ask that the Agreement be incorporated into the Final Decree of Divorce.

☐ The Parties do not presently request incorporation. Delaware counsel has advised each Party about the enforcement consequences of this selection.

The Parties understand that the Family Court's current Divorce Instruction Packet states that the Court will not review a separation agreement to decide whether it is fair. Each Party therefore relies on that Party's own investigation, disclosure review, valuation work, and independent legal advice.

Child custody, residential arrangements, contact, and child support remain subject to the child's best interests, the Delaware Child Support Formula, and any required Family Court order. Nothing in this Agreement prevents the Court from making a determination required by law.

2. Disclosure and Supporting Records

Each Party confirms that the following have been exchanged or specifically waived after advice of independent counsel:

☐ Current income information and tax returns

☐ Bank, investment, retirement, and digital-asset statements

☐ Real-estate deeds, mortgages, valuations, and closing records

☐ Business ownership and valuation information

☐ Loan, credit-card, tax, and other debt records

☐ Insurance information

☐ Trust, inheritance, and gift records relevant to classification

☐ Other: [DESCRIPTION]

If ancillary property, debt, or alimony issues remain for the Court, the Parties will use the current Ancillary Financial Disclosure Report and comply with Family Court Civil Rule 16(c) and the Court's instructions.

3. Marital and Nonmarital Property

The Parties acknowledge that 13 Del. C. § 1513 directs equitable—not necessarily equal—division when the Court decides marital property and presumes property acquired after marriage to be marital unless a statutory exclusion is established. The Parties state their agreed classifications and allocations below.

3.1 Real Estate

No allocation between the Parties changes a creditor's rights. Refinance, assumption, release, sale, and deed obligations must be stated separately and completed through appropriate title and lending professionals.

3.2 Accounts, Investments, and Cash

3.3 Retirement and Deferred Compensation

The Parties will not rely on this Agreement alone to divide a plan that requires a qualified domestic relations order or another plan-specific order.

3.4 Vehicles, Personal Property, Businesses, and Other Assets

3.5 Property Claimed as Nonmarital

3.6 Omitted or Later-Discovered Property

No unlisted asset is automatically divided equally. If property is omitted or later discovered, the Parties reserve all rights under this Agreement, any disclosure representation, the decree, and applicable Delaware law. They will document any later resolution in a signed writing and obtain Court approval when required.

4. Debts and Liabilities

The Party assigned a debt shall timely pay it and shall reimburse the other Party for amounts the other Party is required to pay because of a failure to perform this allocation. This allocation does not release either Party from liability to a creditor unless the creditor agrees in writing.

5. Alimony

Select and complete one:

☐ Waiver. After disclosure and independent legal advice, each Party knowingly waives and releases that Party's own claim for alimony.

☐ Reserved. Alimony is reserved for later written agreement or Family Court determination.

☐ Agreed Payment. [PAYOR] shall pay [RECIPIENT] $[AMOUNT] per [MONTH / OTHER PERIOD], beginning [DATE] and ending [DATE OR EVENT], through [PAYMENT METHOD].

For an agreed payment, complete:

Unless the Parties expressly agree otherwise in writing, future alimony terminates upon the death of either Party or the recipient's remarriage or statutory cohabitation. The Parties have reviewed § 1512's dependency, factor, duration, waiver, and termination provisions with counsel.

6. Children

☐ The Parties have no living child of the marriage for whom custody, contact, or child support must be addressed.

☐ The Parties have the following child or children:

6.1 Legal Custody and Decision-Making

Proposed legal custody: ☐ Joint ☐ Sole to [PARENT] ☐ Other: [TERMS]

Decision-making terms for education, nonemergency health care, activities, travel, and other significant subjects: [TERMS]

The Parties request a finding that the proposed arrangement serves the child's best interests under 13 Del. C. § 722.

6.2 Primary Residence and Contact Schedule

Proposed primary residence: [PARENT / SHARED ARRANGEMENT]

Attach a complete contact schedule covering ordinary weeks, holidays, school breaks, vacations, transportation, exchanges, communication, and make-up time as Schedule C.

The Parties understand that a custody order must include a contact schedule and that the Court determines residence and contact consistently with the child's best interests.

6.3 Relocation

The Parties do not create a generic mileage restriction. A proposed relocation lasting 60 days or more that moves a child outside Delaware or materially affects the current custodial or residential arrangement will be addressed under 13 Del. C. § 734, any existing order, and the facts then presented. Proposed advance communication procedures: [TERMS THAT DO NOT REPLACE COURT AUTHORITY].

6.4 Parenting Education

For living children of the marriage up to age 17, the Parties will complete the parenting-education course ordered under 13 Del. C. § 1507(h), unless the Court grants an applicable exception. Safety-related course or participation arrangements: [TERMS / NOT APPLICABLE].

7. Child Support and Child Expenses

The Parties will attach the calculation produced using the current Delaware Child Support Formula and current Court calculator. The Court's forms list identifies the 2026 Child Support Excel Calculator v2.01 (rev. 2026-02-01); counsel must confirm that it remains current when the agreement is submitted.

The Parties understand that the Formula is a rebuttable presumption, a consent support order must attach a Formula calculation, and the Court may decline an agreement that is clearly contrary to the child's best interests.

No support amount changes automatically. A modification must use the current Family Court procedure and Rule 508. Current Form 342 instructions distinguish petitions filed within two and one-half years from those filed later and identify the circumstances required for an earlier petition.

8. Taxes and Insurance

8.1 Tax Matters

No provision is a representation about tax eligibility or binds a taxing authority.

8.2 Insurance

9. Further Documents and Deadlines

10. Representations and Voluntary Execution

Each Party states that:

• The Party has disclosed the assets, debts, income, and material facts required by this Agreement or has identified a specific unresolved disclosure issue below.
• The Party has read the Agreement, understands it, and signs voluntarily without duress or undisclosed promises.
• The Party had the opportunity to obtain independent Delaware legal advice and has not relied on the other Party or the other Party's lawyer for advice.
• Values, balances, and tax assumptions are tied to the stated dates and may change.
• The Party understands that the Court's current packet says the Court will not review this Agreement to decide whether it is fair.

Unresolved disclosure or valuation issue: [NONE OR DESCRIPTION]

11. Enforcement, Modification, and Entire Agreement

If incorporated, enforcement and modification are governed by the Final Decree, applicable Delaware law, and Family Court procedure. Property disposition, alimony, child support, custody, and contact each have different modification rules; no generic contract cure period, liability cap, force-majeure clause, arbitration clause, or jury waiver alters those rules.

This Agreement and its schedules contain the Parties' complete agreement on the subjects addressed. A later change must be in a signed writing and must receive Court approval when required. No waiver of one breach waives another.

If a provision cannot be enforced, the remaining provisions remain effective to the extent permitted, subject to the Court's authority over child-related and other court-controlled matters.

12. Signatures Before a Notary

The Parties must sign this Agreement in the presence of a notary. Use separate acknowledgments if the Parties do not appear together.

Party A

Signature: ______________________________

Printed Name: [PARTY A]

Date: [__/__/____]

State of [STATE]

County of [COUNTY]

Sworn to and subscribed before me on [__/__/____].

Notary Public: __________________________

Commission Expires: [__/__/____]

Party B

Signature: ______________________________

Printed Name: [PARTY B]

Date: [__/__/____]

State of [STATE]

County of [COUNTY]

Sworn to and subscribed before me on [__/__/____].

Notary Public: __________________________

Commission Expires: [__/__/____]

Schedules

• Schedule A: Property and Debt Detail
• Schedule B: Alimony Calculation and Payment Detail, if applicable
• Schedule C: Custody, Residence, and Contact Schedule, if applicable
• Schedule D: Delaware Child Support Formula Calculation and Expense Detail, if applicable
• Schedule E: Implementation Documents and Professional Review Checklist