Divorce Settlement Agreement - Hawaii

DIVORCE SETTLEMENT AGREEMENT

(Marital Settlement Agreement)
State of Hawai‘i

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Dissolution & Effective Date
   3.2 Parenting Plan (Custody & Visitation)
   3.3 Child Support
   3.4 Spousal Support (Alimony)
   3.5 Property Division
   3.6 Allocation of Debts
   3.7 Retirement Benefits & QDROs

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules (A–E)

1. DOCUMENT HEADER

THIS DIVORCE SETTLEMENT AGREEMENT (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF SPOUSE A], residing at [ADDRESS] (“Spouse A”); and
• [FULL LEGAL NAME OF SPOUSE B], residing at [ADDRESS] (“Spouse B,” and together with Spouse A, the “Parties,” and each individually, a “Party”).

Recitals

A. The Parties were lawfully married on [DATE] in [LOCATION].
B. Irreconcilable differences have caused the irremediable breakdown of the marriage, and the Parties desire a final, complete, and binding settlement of all rights and obligations arising from the marriage.
C. Each Party has made full and frank disclosure of all assets, liabilities, and income and enters this Agreement voluntarily, free of duress or coercion, and with full understanding of its legal effect.

NOW, THEREFORE, for good and valuable consideration—the receipt and sufficiency of which are hereby acknowledged—the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms defined herein have the same meaning wherever used, unless expressly stated otherwise.

“Agreement” has the meaning set forth in the preamble.
“Child Support Guidelines” means the Hawai‘i Child Support Guidelines promulgated pursuant to Haw. Rev. Stat. § 576D-7 and applicable administrative rules.
“Court” means the Family Court of the First Circuit, State of Hawai‘i, or such other Hawai‘i family court having jurisdiction over the dissolution action.
“Effective Date” has the meaning set forth in the Document Header.
“Family Court Rules” means the Hawai‘i Family Court Rules, as amended.
“Marital Assets” means the property interests identified by the Parties for potential allocation in the divorce. HRS § 580-47 permits the Court to divide and distribute real, personal, or mixed property, whether community, joint, or separate.
“Marital Debts” means all liabilities incurred by either Party during the marriage for the benefit of the marital partnership.
“Minor Children” means the Parties’ child(ren):

1. [FULL NAME], born [DOB];
  2. [FULL NAME], born [DOB]; (collectively, the “Children”).
“Parenting Plan” has the meaning set forth in Section 3.2.
“Property Claimed as Separate” means property a Party asks the Court to confirm or award to that Party based on its source, title, use, tracing, agreements, and other relevant facts. Listing property in this category does not predetermine the Court's classification or distribution.

3. OPERATIVE PROVISIONS

3.1 Dissolution & Effective Date

3.1.1 Submission to Court. The Parties shall submit this Agreement for approval in the divorce action filed in a family court with jurisdiction under Haw. Rev. Stat. § 580-1.
3.1.2 Decree. The Parties request incorporation of approved terms into the Decree of Divorce. The decree controls if it differs from this Agreement; any surviving contractual rights are subject to applicable law and the decree.
3.1.3 Continuing Jurisdiction. The Parties may seek enforcement or modification from the Court where applicable law permits; this Agreement does not limit the Court's statutory authority over custody or support.

3.2 Parenting Plan (Custody & Visitation)

3.2.1 Best Interests Standard. Physical and legal custody of the Children shall be determined in accordance with the best interests standard set forth in Haw. Rev. Stat. § 571-46.
3.2.2 Custody. The Parties agree to the following:
 a. Legal Custody: [JOINT/SOLE to which Parent];
 b. Physical Custody: [SHARED/PRIMARY with detailed schedule];
 c. Holiday & Vacation Schedule: [DESCRIBE].
3.2.3 Relocation. Neither Party shall relocate the Children outside the State of Hawai‘i for more than [NUMBER] consecutive days without the prior written consent of the other Party or Court order.
3.2.4 Decision-Making. Major decisions (education, healthcare, religion, extracurricular activities) shall be made [JOINTLY / by the Parent with Legal Custody].
3.2.5 Dispute Resolution. The Parties may attempt mediation of parenting disputes when safe and appropriate. Either Party may seek Court relief without first mediating when child safety, family violence, urgent relief, or a Court order makes mediation inappropriate. Any custody arrangement remains subject to the child's best interests under HRS § 571-46.

3.3 Child Support

3.3.1 Guideline Calculation. Child support shall be calculated under the most current Hawai‘i Child Support Guidelines, using the parties' relevant earnings, income, resources, and applicable adjustments under HRS § 576D-7.
3.3.2 Amount & Payment. Commencing on the first day of the month following entry of the Decree, [PAYOR] shall pay [AMOUNT] per month per child, for a total of [TOTAL], by the method stated in the Court's order, including through the Child Support Enforcement Agency (CSEA) if directed.
3.3.3 Medical Support. [PARTY] shall maintain comprehensive medical, dental, and vision insurance for the Children. Uninsured expenses shall be allocated [PERCENTAGE] % to Spouse A and [PERCENTAGE] % to Spouse B.
3.3.4 College Expenses. [Optional] Each Party shall contribute [PERCENTAGE]% of qualified post-secondary education costs, up to [CAP] per academic year.
3.3.5 Modification. Either responsible or custodial parent may petition for review and adjustment without showing a change in circumstances not more than once every three years under HRS § 576D-7(e). A further request within that period requires proof of a substantial or material change. Review does not change the support amount without an effective order.

3.4 Spousal Support (Alimony)

3.4.1 Type & Term. [REHABILITATIVE / REIMBURSEMENT / TRANSITIONAL / PERMANENT] spousal support shall be paid by [PAYOR] to [RECIPIENT] in the amount of [AMOUNT] per month for [TERM] months/years, commencing [DATE], pursuant to Haw. Rev. Stat. § 580-47(a).
3.4.2 Termination Triggers. Spousal support shall terminate upon the earliest of:
 a. Expiration of the Term;
 b. Death of either Party;
 c. Remarriage of Recipient; or
 d. Court order upon a material change in physical or financial circumstances or other good cause under HRS § 580-47(d).

3.5 Property Division

3.5.1 Proposed Division Subject to Court Approval. The Parties propose the allocation detailed in Schedule A (Assets Proposed for Spouse A) and Schedule B (Assets Proposed for Spouse B). Under HRS § 580-47, the Court must determine a just and equitable division after considering the statutory circumstances; this Agreement does not create a categorical fifty-fifty rule.
3.5.2 Property Claimed as Separate. Schedule C shall identify each item a Party claims should be confirmed or awarded to that Party, together with the asserted basis and supporting records. The proposed treatment remains subject to Court review and the final decree.
3.5.3 Equalization Payment. To effectuate equitable division, [PAYOR] shall pay an equalization payment of [AMOUNT] to [RECIPIENT] on or before [DATE].
3.5.4 Real Property. The marital residence located at [ADDRESS] shall be [sold and net proceeds divided equally / awarded to Spouse A subject to refinancing within X days].
3.5.5 Personal Property. Household goods shall be divided as set forth in Schedule D; all property exchanges shall occur on or before [DATE].
3.5.6 Tax Review. Before transferring property, the Parties shall obtain tax advice on the applicable federal and state consequences and any conditions for nonrecognition of gain or loss.

3.6 Allocation of Debts

3.6.1 Responsibility for Marital Debts shall be as set out in Schedule E. Each Party shall indemnify and hold harmless the other against any debt for which that Party assumes responsibility.
3.6.2 Post-Separation Debts. Debts incurred by either Party after [SEPARATION DATE] shall be that Party’s sole responsibility.

3.7 Retirement Benefits & QDROs

3.7.1 Division Method. The Parties shall identify each retirement plan and use the domestic-relations order or other instrument appropriate to that plan, prepared at the expense of [PARTY] and submitted for Court approval. For benefits payable by the Employees' Retirement System of the State of Hawai‘i, the Parties shall seek a Hawai‘i domestic relations order meeting HRS § 88-93.5. For any other plan, use a QDRO only where that plan and applicable law require or accept one.
3.7.2 Interim Cooperation. Each Party shall execute all documents and provide information necessary to effectuate the division.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he/she has provided a complete and accurate disclosure of assets, debts, and income.
4.2 Independent Counsel. Each Party acknowledges the right to independent legal counsel and either has consulted counsel or voluntarily waives such right.
4.3 Capacity & Authority. Each Party warrants that he/she has legal capacity and authority to enter this Agreement.
4.4 No Prior Sale/Encumbrance. Except as disclosed herein, neither Party has sold, transferred, or encumbered any Marital Asset.
4.5 Survival. Representations and warranties shall survive execution, incorporation into the Decree, and full performance.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute all documents reasonably necessary to implement this Agreement.
5.2 Non-Disparagement. The Parties shall refrain from disparaging the other Party in the presence of the Children or third parties.
5.3 Confidentiality of Financial Information. Except as required by law or Court order, neither Party shall disclose the other’s financial information.
5.4 Restraining Orders. The Parties agree to abide by any existing Orders for Protection; nothing herein shall abrogate the right to seek injunctive relief.

6. DEFAULT & REMEDIES

6.1 Notice and Opportunity to Cure. For an obligation other than child support, custody, or an existing Court order, a Party alleging a material breach shall give written notice describing it. The other Party has ten (10) days after receipt to cure, or five (5) days for a payment obligation, unless the Court orders otherwise. This notice procedure does not postpone available urgent or Court-ordered relief.
6.2 Court Relief. A Party may seek enforcement, a money judgment, contempt where legally available, or other relief from the Court. Fees, costs, and interest are subject to applicable law and Court order; they do not arise automatically from this Agreement.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against any claim, loss, or liability arising from the Indemnifying Party’s breach of this Agreement or failure to pay any debt for which the Indemnifying Party is responsible.
7.2 No Cap on Court-Ordered Duties. Nothing in this Agreement caps a Party's child-support, spousal-support, custody-related, or other Court-ordered duties. Any private claim under this Agreement is subject to the decree and applicable law.
7.3 Disruption of Performance. A Party unable to perform because of a disaster or comparable event shall promptly notify the other Party and seek appropriate Court relief if a Court-ordered duty is affected. This section does not itself suspend a support, custody, or other Court order.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the laws of the State of Hawai‘i.
8.2 Forum. The Parties will seek relief in the family court handling the divorce when it has jurisdiction, subject to applicable venue, transfer, and enforcement rules.
8.3 Mediation. The Parties may mediate a dispute when safe and appropriate. This clause does not delay a request for urgent protection or relief. The Parties shall follow any Court-ordered procedure concerning nonurgent disputes.
8.4 Arbitration. Any arbitration of a property dispute requires a separate written agreement identifying that dispute and remains subject to applicable law and any required Court approval. This clause does not require arbitration of custody, child support, or spousal support.
8.6 Injunctive Relief. Either Party may seek temporary restraining orders or other equitable relief to protect persons or property.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in writing, signed by both Parties, and approved by the Court where required.
9.2 Assignment. Neither Party may assign any rights or delegate any obligations hereunder without prior written consent of the other Party and approval of the Court where applicable.
9.3 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted; the Court is requested to modify any invalid provision to reflect the Parties’ intent.
9.5 Integration. This Agreement constitutes the entire understanding between the Parties, superseding all prior agreements, written or oral, relating to the subject matter.
9.6 Counterparts; Signatures. The Parties may sign counterparts. Electronic signatures may be used only where applicable law and the receiving Court permit them; confirm filing and execution requirements before submission.

10. EXECUTION BLOCK

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

11. SCHEDULES (Attach as Needed)

• Schedule A – Assets Proposed for Spouse A
• Schedule B – Assets Proposed for Spouse B
• Schedule C – Property Claimed as Separate
• Schedule D – Division of Personal Property
• Schedule E – Allocation of Marital Debts