DIVORCE SETTLEMENT AGREEMENT

(State of Kansas)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Property Division
   3.2 Spousal Maintenance
   3.3 Child Custody & Parenting Plan
   3.4 Child Support
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Title. Divorce Settlement Agreement (the “Agreement”).

1.2 Parties. This Agreement is entered into by and between [FULL LEGAL NAME OF SPOUSE 1], residing at [ADDRESS] (“Petitioner”), and [FULL LEGAL NAME OF SPOUSE 2], residing at [ADDRESS] (“Respondent”) (each, a “Party,” and collectively, the “Parties”).

1.3 Recitals.
(a) The Parties were lawfully married on [DATE] in [CITY, STATE] (“Date of Marriage”).
(b) The Parties have [NUMBER] minor child(ren) of the marriage: [CHILD NAME(S) & DOB(S)] (each, a “Child,” and collectively, the “Children”).
(c) Irreconcilable differences have arisen between the Parties, and an action for dissolution has been filed in the [COUNTY] District Court, Kansas (the “Court”), Case No. [CASE #].
(d) The Parties desire to settle fully and finally all issues arising out of their marriage, including property division, support, and custody, and intend that this Agreement be incorporated but not merged into any Decree of Divorce issued by the Court.

1.4 Effective Date. This Agreement shall become effective on [EFFECTIVE DATE] (the “Effective Date”), subject to Court approval where required.

1.5 Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of Kansas. The Court shall retain exclusive jurisdiction over all family-law matters addressed herein.

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below and shall apply equally to singular and plural forms.

“Agreement” has the meaning set forth in § 1.1.
“Arbitrable Issue” means any dispute solely involving the valuation or post-divorce allocation of marital property, expressly excluding issues of custody, parenting time, or child support.
“Child Support” has the meaning set forth in § 3.4(a).
“Kansas Child Support Guidelines” means the guidelines promulgated by the Kansas Supreme Court, as amended from time to time.
“Maintenance” has the meaning set forth in § 3.2(a).
“Marital Property” means all property, real or personal, tangible or intangible, acquired by either Party during the marriage that is subject to equitable division pursuant to Kan. Stat. Ann. § 23-2802.
“Parenting Plan” has the meaning set forth in § 3.3(c).
“Separate Property” has the meaning set forth in § 3.1(b).

[// GUIDANCE: Add additional defined terms as necessary to match bespoke deal points or unique asset classes.]

3. OPERATIVE PROVISIONS

3.1 Property Division

(a) Identification. The Parties have exchanged sworn financial affidavits and fully disclosed all assets and liabilities. Schedules [A] and [B] (attached) list all Marital Property and Separate Property, respectively.
(b) Separate Property. Property described on Schedule B (including, without limitation, inheritances, pre-marital assets, and gifts to one Party individually) shall remain the sole and separate property of that Party.
(c) Allocation of Marital Property.
1. Real Property. The marital residence located at [ADDRESS] (the “Marital Residence”) shall be [sold/transferred to Petitioner/transferred to Respondent] on or before [DATE]. Net sale proceeds or equity shall be divided [PERCENTAGE SPLIT].
2. Personal Property. Tangible personal property shall be divided as set forth in Schedule A-1. Items not specifically allocated shall be divided by mutual agreement or, failing agreement, by alternate selection beginning with [Petitioner/Respondent].
3. Retirement & Investment Accounts. The Parties shall divide the retirement assets listed in Schedule A-2 via Qualified Domestic Relations Order (“QDRO”) or other court-approved order no later than [DATE]. [See 26 U.S.C. § 414(p).]
4. Debts & Liabilities. Each Party shall be solely responsible for the debts allocated to that Party in Schedule A-3, and shall indemnify and hold harmless the other Party therefrom.
(d) Equalization Payment. Within [NUMBER] days after the Effective Date, [Party Responsible] shall pay an equalization payment of [$ AMOUNT] to achieve equitable distribution.
(e) Title Transfers & Documentation. Each Party shall execute all deeds, titles, endorsements, and other instruments reasonably necessary to carry out the intent of this § 3.1 within [NUMBER] days of request.
(f) Tax Allocation. Unless otherwise provided herein, the transfer of property incident to divorce shall be treated as nontaxable under 26 U.S.C. § 1041. Future tax liabilities arising from post-divorce disposition shall be borne by the Party receiving the asset.

[// GUIDANCE: Ensure Schedules A-1, A-2, and A-3 are prepared with specificity to avoid ambiguity.]

3.2 Spousal Maintenance (Alimony)

(a) Award. Respondent shall pay spousal maintenance (“Maintenance”) to Petitioner in the amount of [$ AMOUNT] per [month], commencing [DATE].
(b) Duration & Termination. Maintenance shall continue for [NUMBER] months or until the earliest of: (i) death of either Party; (ii) remarriage of the payee; (iii) cohabitation of the payee in a marriage-like relationship for 90 consecutive days; or (iv) further order of the Court.
(c) Modifiability. Maintenance shall be [modifiable / non-modifiable] except as expressly stated herein and as permitted under Kansas law.
(d) Security. The payor shall maintain life insurance in the face amount of [$ AMOUNT] naming the payee as beneficiary for so long as Maintenance is owed.
(e) Tax Treatment. Maintenance shall [be taxable/tax-deductible per pre-2019 agreements / follow post-2018 federal law].

3.3 Child Custody & Parenting Plan

(a) Legal Custody. The Parties shall share joint legal custody of the Children as defined in Kan. Stat. Ann. § 23-3202, with equal rights and responsibilities for major decisions.
(b) Residential Placement. Primary residential custody shall be with [Petitioner/Respondent/joint].
(c) Parenting Plan. The detailed Parenting Plan attached hereto as Exhibit 1 (the “Parenting Plan”) sets forth the regular schedule, holiday schedule, transportation, telephone/video contact, and protocols for exchange.
(d) Decision-Making. Day-to-day decisions shall be made by the residential custodian during that parent’s parenting time. Major decisions (education, medical, religious upbringing, extracurricular activities) require mutual consent.
(e) Relocation. A parent seeking to relocate with the Children more than [N] miles from their current residence must provide [30] days’ written notice and comply with Kan. Stat. Ann. § 23-3222.
(f) Dispute Resolution. Custody or parenting disputes shall first be addressed through mediation with a mutually agreed-upon mediator before resorting to litigation.

[// GUIDANCE: Local district rules may mandate parenting plan forms. Attach as Exhibit 1.]

3.4 Child Support

(a) Amount. Pursuant to the Kansas Child Support Guidelines, child support (“Child Support”) is calculated at [$ AMOUNT] per month, based on the Parties’ gross incomes and parenting-time credit. [Attach Worksheet.]
(b) Payment. Child Support shall be paid [on the 1st of each month] through the Kansas Payment Center via Income Withholding Order.
(c) Health Insurance. [Petitioner/Respondent] shall maintain comprehensive health, dental, and vision insurance for the Children. Unreimbursed medical expenses shall be allocated [PERCENTAGE SPLIT].
(d) Child Care & Activities. Work-related child-care costs and agreed extracurricular activity fees shall be divided [PERCENTAGE SPLIT].
(e) Termination. Child Support shall continue until a Child reaches 18 years of age or graduates high school (whichever is later, but not beyond age 19), emancipates, marries, or as otherwise ordered by the Court.
(f) Modification & Review. Either Party may seek modification upon a material change in circumstances, or every 36 months, pursuant to the Kansas Child Support Guidelines.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party has full legal capacity and authority to enter into this Agreement.
4.2 Full Disclosure. Each Party represents that he or she has made a full and fair disclosure of all assets, liabilities, income, and expenses.
4.3 Independent Counsel. Each Party acknowledges that he or she has had the opportunity to consult independent legal counsel and tax advisors of his or her own choosing.
4.4 No Undue Influence. This Agreement is entered into voluntarily, without duress or undue influence.
4.5 Survival. The representations and warranties herein shall survive execution and entry of the Decree of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation. The Parties shall cooperate in good faith to effectuate the transfers and obligations set forth herein.
5.2 Non-Disparagement. Neither Party shall make disparaging remarks about the other Party in the presence of any Child.
5.3 Confidentiality. Except as required by law or Court order, the terms of this Agreement shall remain confidential.
5.4 Notice Obligations. Each Party shall notify the other of any change in address, phone number, or employment within [10] days of such change.
5.5 Parenting Resources & Counseling. The Parties shall complete any parenting classes mandated by the Court and shall encourage counseling for the Children as needed.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party’s failure to perform any material obligation set forth herein, including failure to make timely payments or execute required documents, constitutes a default.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [15] days to cure.
6.3 Remedies. If not cured, the non-defaulting Party may seek:
(a) Entry of judgment for unpaid sums with statutory interest;
(b) Contempt sanctions;
(c) Specific performance; and
(d) Any other relief available under Kansas law.
6.4 Attorneys’ Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other Party (“Indemnified Party”) harmless from and against any claims, debts, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:
(a) Debts or obligations allocated to the Indemnifying Party herein; or
(b) The Indemnifying Party’s breach of this Agreement.
Liability under this § 7.1 shall not exceed the value of assets allocated to the Indemnifying Party under § 3.1, except for willful misconduct or fraud.

7.2 Limitation of Liability

Except as otherwise provided, each Party’s aggregate liability under this Agreement shall be capped at the net value of Marital Property allocated to that Party.

7.3 Force Majeure

No Party shall be liable for delay or failure in performance caused by acts of God, governmental action, or other events beyond reasonable control, provided that the affected Party gives prompt notice and resumes performance as soon as feasible. Monetary obligations are not excused.

8. DISPUTE RESOLUTION

8.1 Governing Law. Kansas family-law statutes and case law shall govern.
8.2 Exclusive Forum. The District Court of [COUNTY], Kansas, Family Division, shall have exclusive jurisdiction.
8.3 Arbitration. By mutual written consent, the Parties may submit any Arbitrable Issue to binding arbitration pursuant to the Kansas Arbitration Act, but custody, parenting time, and Child Support shall remain subject to Court review and approval.
8.4 Jury Waiver. Jury trials are unavailable in domestic-relations matters; any litigation shall be to the Court.
8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent restraining orders or other injunctive relief to protect persons or property.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment must be in writing, signed by both Parties, and approved by the Court where required. No waiver shall be effective unless in writing.
9.2 Assignment. Personal rights and obligations under this Agreement are non-assignable.
9.3 Successors & Assigns. This Agreement shall inure to the benefit of and bind the Parties and their heirs, executors, administrators, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.
9.5 Integration. This Agreement, including all Exhibits and Schedules, constitutes the entire understanding of the Parties and supersedes all prior agreements.
9.6 Counterparts; Electronic Signature. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
9.7 Headings. Section headings are for convenience only and do not affect interpretation.
9.8 Further Assurances. Each Party shall execute such further instruments as may be reasonably necessary to effectuate the purposes of this Agreement.

10. EXECUTION BLOCK

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

____ ____
[NAME OF PETITIONER] [NAME OF RESPONDENT]
Petitioner Respondent
Date: __ Date: __

STATE OF KANSAS )
COUNTY OF __ ) ss.

On this ___ day of _, 20_, before me, a Notary Public, personally appeared ____, known to me to be the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

Notary Public: ____
My Commission Expires: _____
[// GUIDANCE: Verify local notarial wording; some Kansas counties require specific jurat language.]

11. EXHIBITS & SCHEDULES

• Exhibit 1 – Parenting Plan
• Schedule A – Marital Property Summary
• A-1 Tangible Personal Property List
• A-2 Retirement & Investment Accounts
• A-3 Debts & Liabilities
• Schedule B – Separate Property

[// GUIDANCE: Attach completed financial Schedules and Parenting Plan before submission to the Court.]

NOTE TO PRACTITIONER:
1. Property division must be “just and reasonable” per Kan. Stat. Ann. § 23-2802.
2. Custody determinations must serve the “best interests of the child” standard (id. § 23-3202).
3. Child Support calculations must strictly follow the Kansas Child Support Guidelines; retain worksheets for filing.
4. Court approval is required for all child-related provisions and for any arbitration award concerning property.
5. Review local district rules for mandatory parenting-class completion, parenting-plan formats, and QDRO procedures.

[// GUIDANCE: This template is designed for Kansas practice. Review and tailor all bracketed fields, confirm statute numbers, and update tax references based on the date of execution.]