DIVORCE SETTLEMENT AGREEMENT

(Georgia – Comprehensive Form)

[// GUIDANCE: This template is intended for use in the Superior Courts of the State of Georgia. Customize all bracketed items and review all provisions for client- and county-specific requirements before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Marital Status & Divorce Action
   3.2 Property Division
   3.3 Debt Allocation
   3.4 Spousal Support (Alimony)
   3.5 Child Custody & Parenting Plan
   3.6 Child Support
   3.7 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties
This Divorce Settlement Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [FULL LEGAL NAME OF SPOUSE 1], currently residing at [ADDRESS] (“Spouse 1”); and
(b) [FULL LEGAL NAME OF SPOUSE 2], currently residing at [ADDRESS] (“Spouse 2,” and together with Spouse 1, the “Parties,” and each, a “Party”).

1.2 Recitals
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
B. An action for dissolution of marriage (Civil Action No. [CASE NUMBER]) is presently pending in the Superior Court of [COUNTY] County, Georgia (the “Court”).
C. The Parties desire to resolve finally all matters relating to their marital relationship, including property division, debts, spousal support, child custody, and child support, in accordance with applicable Georgia law, in particular O.C.G.A. Titles 19 and 20.
D. The Parties enter into this Agreement in consideration of the mutual promises herein and with the intent that the Court incorporate the Agreement into its Final Judgment and Decree of Divorce (the “Final Decree”).

1.3 Governing Law & Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of Georgia, without regard to its conflict-of-laws principles. Any proceeding to enforce or modify this Agreement shall be brought exclusively in the Superior Court of [COUNTY] County, Georgia.

2. DEFINITIONS

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

“Agreement” – This Divorce Settlement Agreement, including all Schedules, Exhibits, and any written amendments.
“Child(ren)” – The minor child(ren) of the Parties: [FULL NAME(S)], born [DOB(S)].
“Child Support Worksheet” – The child-support calculation prepared pursuant to O.C.G.A. § 19-6-15 and Supreme Court of Georgia Child Support Guidelines.
“Court” – The Superior Court of [COUNTY] County, Georgia, Family Division (if applicable).
“Final Decree” – The Final Judgment and Decree of Divorce entered by the Court incorporating this Agreement.
“Marital Property” – All real, personal, tangible, and intangible property acquired by either Party during the marriage that is subject to equitable division under Georgia law.
“Separate Property” – Any property excluded from equitable division under Georgia law, including but not limited to property owned prior to marriage, inheritances, and gifts specifically to one Party.
“Parenting Plan” – The comprehensive custodial schedule and decision-making framework attached hereto as Exhibit A.
[// GUIDANCE: Add additional defined terms as needed (e.g., “Retirement Assets,” “Business Interests”).]

3. OPERATIVE PROVISIONS

3.1 Marital Status & Divorce Action

3.1.1 The Parties agree to proceed with an uncontested divorce on the grounds that the marriage is irretrievably broken.
3.1.2 Each Party shall execute all documents reasonably required for entry of the Final Decree.

3.2 Property Division

3.2.1 Equitable Division. Consistent with Georgia’s equitable-division doctrine, the Parties agree to divide Marital Property as set forth in Schedule 1 (Real Property), Schedule 2 (Vehicles), Schedule 3 (Financial Accounts), and Schedule 4 (Retirement Assets).
3.2.2 Transfer Instruments. Within ten (10) days after the Final Decree, the Parties shall execute all deeds, titles, assignments, and endorsements necessary to effectuate the transfers contemplated herein.
3.2.3 Encumbrances & Indemnity. The receiving Party shall assume all encumbrances associated with property transferred to that Party and shall indemnify and hold harmless the transferring Party from any liability thereon, subject to Section 7.

3.3 Debt Allocation

3.3.1 Marital Debts. Marital debts are allocated as set forth in Schedule 5. Each Party shall be solely responsible for debts allocated to such Party and shall indemnify the other against the same.
3.3.2 Separate Debts. Each Party shall remain solely liable for his or her Separate Debts.

3.4 Spousal Support (Alimony)

3.4.1 Type and Duration. [INSERT “Lump-Sum,” “Periodic,” or “Waiver”]. If periodic, Spouse [1/2] shall pay Spouse [1/2] the sum of $[AMOUNT] per month, commencing on the first day of the month following entry of the Final Decree and continuing for [TERM] months, subject to termination upon the earliest of:
(a) death of either Party;
(b) remarriage of the Recipient; or
(c) cohabitation by the Recipient as defined in O.C.G.A. § 19-6-19(b).
3.4.2 Modification. Alimony shall be modifiable/non-modifiable [SELECT ONE] pursuant to O.C.G.A. § 19-6-19.

3.5 Child Custody & Parenting Plan

3.5.1 Best Interests Standard. The Parties acknowledge that custody determinations must promote the best interests of the Child(ren) under O.C.G.A. § 19-9-3.
3.5.2 Legal Custody. The Parties agree to [joint/sole] legal custody, with primary decision-making authority allocated as follows:
(a) Education: [PARENT];
(b) Non-emergency Health Care: [PARENT];
(c) Extracurricular Activities: [PARENT];
(d) Religion: [PARENT].
3.5.3 Physical Custody & Parenting Time. The Parenting Plan (Exhibit A) sets forth the detailed residential schedule, holiday rotation, transportation responsibilities, right of first refusal, and communication protocols.
3.5.4 Relocation. A relocating Party shall comply with O.C.G.A. § 19-9-3(g) and provide at least thirty (30) days’ advance written notice of any intended move.

3.6 Child Support

3.6.1 Guideline Compliance. Child support shall be calculated in accordance with O.C.G.A. § 19-6-15. The completed Child Support Worksheet and applicable Schedules (B—income, E—deviations, and F—insurance/child-care) are attached hereto as Exhibit B and incorporated herein.
3.6.2 Basic Support Obligation. Spouse [1/2] shall pay Spouse [1/2] $[AMOUNT] per month, beginning [DATE], via the Georgia Family Support Registry (unless the Court orders direct payment).
3.6.3 Health Insurance. [PARENT] shall maintain comprehensive medical, dental, and vision coverage for the Child(ren) and shall be responsible for [PERCENT]% of uninsured medical expenses; the other Parent shall pay the remaining [PERCENT]%.
3.6.4 Modification & Enforcement. Child support is subject to statutory review and modification. Non-payment may result in income withholding, contempt, interception of tax refunds, and other remedies provided by law.

3.7 Tax Matters

3.7.1 Dependency Exemptions. The Parties shall alternate the federal and state dependency exemption(s) for the Child(ren) as follows: [SPECIFY]. The recipient of an exemption shall execute IRS Form 8332, if applicable.
3.7.2 Filing Status. For the tax year in which the Final Decree is entered, the Parties shall file [jointly/separately] based on advice of their respective tax professionals.
3.7.3 Indemnification. Each Party shall indemnify the other for any tax liability arising from such Party’s failure to report income or claim deductions consistent with this Section.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity. Each Party represents that he or she has full legal capacity to enter into this Agreement and that no other person’s consent is required.
4.2 Full Disclosure. Each Party warrants that he or she has fully and fairly disclosed all assets, liabilities, and income.
4.3 No Undue Influence. Each Party enters this Agreement freely, voluntarily, and without duress or undue influence.
4.4 Independent Counsel. Each Party acknowledges the right to consult independent legal counsel and either has done so or voluntarily waives that right.
4.5 Survival. The representations and warranties herein shall survive execution and incorporation of this Agreement into the Final Decree.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Cooperation. The Parties shall execute all additional documents and take all further actions reasonably necessary to carry out the intent of this Agreement.
5.2 Non-Disparagement. Neither Party shall disparage the other in the presence or hearing of the Child(ren) or third parties reasonably likely to relay such comments to the Child(ren).
5.3 Asset Preservation. From the Effective Date until completion of all transfers under Section 3.2, each Party shall refrain from wasting, dissipating, or encumbering Marital Property without the written consent of the other.
5.4 Restraining Order. Each Party is hereby restrained and enjoined from harassing, intimidating, or interfering with the peace and privacy of the other. This provision may be enforced by application for contempt or restraining order.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party shall be in default if such Party:
(a) fails to make any payment when due under Sections 3.4 or 3.6;
(b) fails to transfer property or debt obligations as required under Sections 3.2 or 3.3;
(c) violates any custody or visitation provision; or
(d) breaches any material covenant herein.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless the nature of the breach warrants immediate relief.

6.3 Remedies. If a default is not timely cured, the non-defaulting Party may pursue:
(a) contempt proceedings;
(b) garnishment or income withholding;
(c) seizure of property subject to this Agreement;
(d) recovery of reasonable attorney’s fees and costs; and
(e) any other remedy available at law or in equity.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnitor”) shall indemnify, defend, and hold harmless the other Party and his or her heirs, executors, and assigns (each, an “Indemnitee”) from and against any and all claims, losses, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of:
(a) debts or obligations assumed by the Indemnitor under Section 3.3;
(b) the Indemnitor’s breach of this Agreement; or
(c) the Indemnitor’s violation of applicable law in connection with matters addressed herein.

7.2 Liability Cap

Notwithstanding anything to the contrary, the maximum aggregate liability of either Party under this Agreement shall not exceed the net value of such Party’s share of Marital Property as set forth in Schedule 6 (Liability Cap Schedule).

7.3 Insurance

If either Party maintains life insurance on his or her life, such Party shall name the Child(ren) as irrevocable beneficiaries in the minimum face amount of $[AMOUNT] for so long as child support is owed.

7.4 Force Majeure

A Party shall not be liable for failure to perform any payment or transfer obligation under this Agreement solely to the extent performance is rendered impossible by a Force Majeure Event (e.g., natural disaster, war, governmental order). The affected Party shall provide prompt written notice and resume performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Mediation. Prior to initiating any court action (other than for emergency relief), the Parties shall attempt in good faith to resolve disputes through mediation with a registered domestic relations mediator in [COUNTY] County. Costs shall be shared equally unless otherwise agreed.

8.2 Arbitration – Limited Availability. The Parties may submit non-custodial financial disputes (e.g., property or debt allocation) to binding arbitration pursuant to O.C.G.A. § 9-9-1 et seq. Custody and child-support issues SHALL NOT be submitted to arbitration. Any arbitration award may be confirmed by the Court and incorporated into a modified decree.

8.3 Court Proceedings. If mediation (and arbitration, where applicable) fail, the Superior Court of [COUNTY] County, Georgia, shall retain exclusive jurisdiction. The Parties waive the right to trial by jury, recognizing that domestic-relations matters are tried by the court without a jury.

8.4 Injunctive Relief. Nothing in this Section limits a Party’s right to seek temporary restraining orders, protective orders, or other injunctive relief to protect persons or property.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment must be in writing, dated, signed by both Parties, and approved by the Court. No waiver shall be effective unless in writing and signed by the waiving Party.

9.2 Assignment. No Party may assign, transfer, or delegate any rights or obligations under this Agreement without prior written consent of the other Party and Court approval where required.

9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court is requested to reform the invalid provision to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties concerning the subject matter and supersedes all prior oral or written agreements between them.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, PDF, or other electronic means shall be deemed original signatures for all purposes.

9.7 Notice. Any notice required or permitted under this Agreement shall be in writing and delivered (i) personally, (ii) by certified mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses set forth in the preamble (or such other address as a Party may designate by notice).

9.8 Headings. Section headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT (Georgia)

State of Georgia )
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: _____

SCHEDULES & EXHIBITS (attach as applicable)

• Exhibit A – Parenting Plan
• Exhibit B – Child Support Worksheet & Schedules
• Schedule 1 – Real Property Allocation
• Schedule 2 – Vehicles
• Schedule 3 – Financial Accounts
• Schedule 4 – Retirement Assets
• Schedule 5 – Marital Debts
• Schedule 6 – Liability Cap Schedule

[// GUIDANCE:
1. Verify county-specific filing requirements (e.g., Domestic Relations Financial Affidavit, Standing Order, Parenting Seminar).
2. Confirm mandatory waiting periods and service of process have been satisfied.
3. Update statutory references if Georgia law changes.
4. Review liability-cap concept with client; Georgia courts may scrutinize caps in domestic matters.]