DIVORCE SETTLEMENT AGREEMENT

(Property Settlement, Alimony, and Parenting Plan)

[// GUIDANCE: Replace all bracketed placeholders with client-specific information before execution. Remove all guidance comments upon finalization.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
 A. Division of Marital Property
 B. Allocation of Debts
 C. Spousal Support (Alimony)
 D. Parenting Plan & Child Custody
 E. Child Support
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A Schedule of Marital Assets and Liabilities
Exhibit B Parenting Time Calendar
Exhibit C Financial Affidavits (Incorporated by Reference)

I. DOCUMENT HEADER

1. Parties
   This Divorce Settlement Agreement (the “Agreement”) is entered into on [Effective Date] (the “Effective Date”) by and between:
   a. [Full Legal Name of Spouse 1], residing at [Address] (“Spouse 1”); and
   b. [Full Legal Name of Spouse 2], residing at [Address] (“Spouse 2”).

2. Recitals
   a. Spouse 1 and Spouse 2 (collectively, the “Parties”) were married on [Date of Marriage] in [City, State].
   b. An action for divorce is pending in the Family Court of the State of Delaware, [County] (the “Court”), Case No. [Case Number] (the “Action”).
   c. The Parties desire to resolve finally all issues of property division, debt allocation, alimony, parental responsibilities, child support, and any other marital rights or obligations, and to submit this Agreement to the Court for incorporation, merger, and entry of a Final Decree of Divorce.
   d. The Parties acknowledge that each has had full and fair opportunity to obtain independent legal advice and to conduct complete financial disclosure.

3. Jurisdiction & Governing Law
   This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of Delaware, including, without limitation, 13 Del. C. §§ 1512–1517, § 504, and §§ 722–733, as amended (collectively, “Delaware Family Law”).

4. Consideration
   Mutual promises and agreements herein constitute good and valuable consideration, the receipt and sufficiency of which are acknowledged.

II. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Action” – has the meaning assigned in the Recitals.
“Alimony” – periodic or lump-sum spousal support as provided in Section III.C.
“Child(ren)” – the Parties’ minor child(ren): [Child 1 Name, DOB]; [Child 2 Name, DOB]; etc.
“Court” – the Family Court of the State of Delaware having jurisdiction over the Action.
“Marital Assets” – all real and personal property subject to equitable distribution under 13 Del. C. § 1513.
“Marital Debts” – liabilities incurred jointly or individually during the marriage for the mutual benefit of the Parties.
“Parenting Plan” – custodial and decision-making framework in Section III.D and Exhibit B.
“Separate Property” – property excluded from equitable distribution pursuant to 13 Del. C. § 1513(b).

III. OPERATIVE PROVISIONS

A. Division of Marital Property

1. Equitable Distribution Standard
   The Parties acknowledge that Delaware applies an equitable (not equal) distribution methodology under 13 Del. C. § 1513. The Parties have agreed upon the allocations below as fair, reasonable, and consistent with statutory factors.

2. Allocations
   a. Spouse 1 shall receive the property described in Exhibit A, Section I.
   b. Spouse 2 shall receive the property described in Exhibit A, Section II.

3. Transfer Instruments
   Each Party shall, within [30] days after the Effective Date or Court approval, execute all deeds, titles, assignments, or other instruments necessary to effectuate the transfers contemplated herein.

4. After-Discovered Assets
   Any marital asset omitted from Exhibit A, whether through inadvertence or concealment, shall be presumptively allocated [50 % to each Party], unless otherwise agreed or ordered by the Court.

B. Allocation of Debts

1. Responsibility for Marital Debts
   a. Spouse 1 shall assume and indemnify Spouse 2 for the debts set forth in Exhibit A, Section III.
   b. Spouse 2 shall assume and indemnify Spouse 1 for the debts set forth in Exhibit A, Section IV.

2. Indemnity & Hold-Harmless
   See Section VII.A (Mutual Indemnification).

C. Spousal Support (Alimony)

1. Eligibility & Amount
   Pursuant to 13 Del. C. § 1512, [Spouse __] is entitled to alimony. The Parties agree that
   a. Amount: $[Amount] per month;
   b. Commencement: [Start Date];
   c. Duration: [__] months/years or until the earliest of remarriage, cohabitation per statute, or either Party’s death.

2. Modifiability
   Alimony shall be modifiable only upon a showing of real and substantial change in circumstances as defined by 13 Del. C. § 1512(b)(3).

3. Tax Treatment
   [// GUIDANCE: Post-2019 federal law renders alimony payments non-deductible to payor and non-includible to payee under 26 U.S.C. § 11051. Modify if grandfathered.]

D. Parenting Plan & Child Custody

1. Legal & Physical Custody
   a. Legal Custody: The Parties shall share joint legal custody, consistent with the best-interest factors set forth in 13 Del. C. § 722.
   b. Primary Residence: [Child(ren)] shall primarily reside with [Spouse __].

2. Parenting Time
   Parenting time shall be as detailed in Exhibit B, which the Parties agree is in the Child(ren)’s best interests.

3. Decision-Making Protocols
   Major decisions (education, non-emergency medical, religious upbringing, extracurricular) require consensus. Absent agreement, the Parties shall first mediate; failing resolution, either Party may petition the Court.

4. Relocation
   Neither Party shall relocate the Child(ren)’s primary residence outside [__ miles] from [Current City, DE] without written consent or Court order.

5. Right of First Refusal
   If either Parent is unable to exercise parenting time exceeding [8] hours, that Parent shall offer the time to the other Parent before arranging alternate childcare.

E. Child Support

1. Guideline Compliance
   Child support shall be calculated in accordance with the Delaware Child Support Formula under Family Court Civil Rule 509, currently $[Amount] per month payable by [Spouse __] to [Spouse __].

2. Method of Payment
   All payments shall be made via the Delaware Office of Child Support Enforcement wage withholding, unless otherwise agreed in writing and approved by the Court.

3. Health Insurance & Unreimbursed Expenses
   a. Coverage: [Spouse __] shall maintain comprehensive health insurance.
   b. Unreimbursed Medical: The Parties shall share unreimbursed medical/dental/vision expenses [__ % / __ %].

4. Modification & Review
   Either Party may seek modification per 13 Del. C. § 516 upon a material change of circumstances or every thirty-six (36) months, whichever occurs first.

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Each Party has full legal right, power, and authority to enter into and perform this Agreement.

2. Full Disclosure
   Each Party represents that all material assets, debts, income, and expenses have been disclosed fully and accurately.

3. Independent Counsel
   Each Party has had opportunity to consult independent counsel of their choice; execution is voluntary and informed.

4. No Prior Assignments
   No Party has previously assigned or encumbered property contrary to the allocations herein, except as disclosed.

5. Survival
   The representations and warranties herein shall survive execution and Court approval.

V. COVENANTS & RESTRICTIONS

1. Future Cooperation
   The Parties shall execute and deliver further instruments and take such actions as may be reasonably necessary to effectuate this Agreement.

2. Non-Disparagement
   Neither Party shall disparage the other in the presence of the Child(ren) or on social media.

3. Confidentiality
   Financial affidavits and discovery materials shall remain confidential except as required by law or Court order.

4. Notice of Address or Employment Change
   Each Party shall notify the other in writing within ten (10) days of any change of residential address, telephone number, or employment.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to pay support or alimony when due.
   b. Failure to execute required transfer instruments.
   c. Material breach of Parenting Plan.

2. Notice & Cure
   Except for emergent custody violations, the non-defaulting Party shall provide written notice and a ten (10) day cure period.

3. Remedies
   a. Specific performance;
   b. Contempt sanctions under Family Court Civil Rule 16;
   c. Reimbursement of reasonable attorney’s fees and costs;
   d. Any other relief authorized by Delaware Family Law.

VII. RISK ALLOCATION

A. Mutual Indemnification

1. Each Party (an “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (an “Indemnified Party”) from all claims, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to (i) debts assumed by the Indemnifying Party; (ii) the Indemnifying Party’s breach of this Agreement; or (iii) the Indemnifying Party’s acts or omissions with respect to assets retained by that Party.

2. Cap on Liability
   The aggregate indemnification liability of either Party shall not exceed the net value of the Marital Assets allocated to such Party under Exhibit A. This limitation shall not apply to willful misconduct, fraud, or child-related obligations.

B. Insurance

Each Party shall maintain reasonable insurance (auto, homeowner’s/renter’s, life) covering assets or obligations allocated herein, naming the other Party or the Child(ren) as beneficiary where indicated in Exhibit A.

C. Force Majeure

Performance of monetary obligations shall not be excused by force majeure. However, failure to transfer property by a date certain due to force majeure shall be tolled for the duration of the event plus ten (10) days.

VIII. DISPUTE RESOLUTION

1. Governing Law: Delaware Family Law, as referenced in Section I.3.

2. Exclusive Forum: State of Delaware Family Court, [County], which retains continuing jurisdiction.

3. Arbitration (Limited Scope)
   a. The Parties may, by written agreement executed after the Effective Date, submit discrete property valuation disputes (excluding custody or child support) to binding arbitration pursuant to 10 Del. C. § 5702.
   b. The arbitrator’s award shall be incorporated into a Family Court order.

4. Mediation Requirement
   Prior to filing any post-judgment motion (other than emergency applications), the Parties shall attend at least one (1) session of mediation with a Court-approved mediator.

5. Jury Waiver
   Jury trial is unavailable in Family Court; each Party acknowledges the same.

6. Injunctive Relief
   Nothing herein shall preclude either Party from seeking temporary or permanent restraining orders or other injunctive relief under 10 Del. C. § 1041 et seq. for protection from abuse.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   Modifications must be in a writing signed by both Parties and, where required, approved by the Court. Waiver of any breach shall not constitute waiver of subsequent breaches.

2. Assignment
   Personal rights and obligations under this Agreement are non-assignable.

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

4. Severability
   If any provision is held invalid, the remaining provisions shall be enforced to the fullest extent permitted by law, and the Court may reform any invalid provision to reflect the Parties’ original intent.

5. Integration
   This Agreement, including Exhibits, constitutes the entire understanding and supersedes all prior oral or written agreements between the Parties.

6. Counterparts; Electronic Signatures
   This Agreement may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted by facsimile or secure electronic means shall be deemed originals.

X. EXECUTION BLOCK

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

[Spouse 1 Name]

Date: _____

[Spouse 2 Name]

Date: _____

State of Delaware     )
          ss.
County of [____]   )

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.

Notary Public
My Commission Expires: _______

[// GUIDANCE: Confirm whether one or two separate acknowledgments are required by local notary practice.]

EXHIBIT A

Schedule of Marital Assets and Liabilities
[Insert detailed asset/debt schedule with fair-market values, encumbrances, and designated recipient.]

EXHIBIT B

Parenting Time Calendar
[Insert monthly/annual calendar outlining regular, holiday, and vacation schedules.]

EXHIBIT C

Financial Affidavits
[Attach sworn Rule 16(c) financial disclosures for each Party.]

[// GUIDANCE: Upon Court approval, attach the Court’s Order of Incorporation/Merger to ensure enforceability under 13 Del. C. § 1519(c).]