Divorce Settlement Agreement - Louisiana

DIVORCE SETTLEMENT AGREEMENT

(State of Louisiana)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Property Division
    B. Spousal Support
    C. Child Custody & Visitation
    D. Child Support
    E. Insurance & Tax Matters
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title and Identification of Parties
   This Divorce Settlement Agreement (“Agreement”) is made and entered into by and between [HUSBAND’S FULL LEGAL NAME], an adult domiciliary of [PARISH] Parish, Louisiana (“Husband”), and [WIFE’S FULL LEGAL NAME], an adult domiciliary of [PARISH] Parish, Louisiana (“Wife”; together with Husband, the “Parties”).

2. Recitals
   A. The Parties were lawfully married on [DATE] in [CITY, STATE].
   B. An action for divorce is pending or will be filed in [COURT NAME], Parish of [PARISH], Louisiana, under Docket No. [DOCKET #] (the “Divorce Proceeding”).
   C. The Parties desire to settle fully and finally their respective rights and obligations arising from the marriage, including but not limited to the division of community property and debts, spousal support, child custody, child support, and all other related matters, in accordance with Louisiana law.
   D. The Parties may submit this Agreement for incorporation into the divorce judgment, subject to court approval and any required findings concerning support and children.

3. Effective Date & Jurisdiction
   This Agreement shall become effective on the date the last Party executes the Agreement (the “Effective Date”) and shall be governed by the laws of the State of Louisiana.

II. DEFINITIONS

For ease of reference, the following terms have the meanings set forth below. Defined terms appear in bold throughout this Agreement.

“Affiliate” – Any entity directly or indirectly controlled by, controlling, or under common control with a Party.

“Child(ren)” – Collectively, [MINOR CHILD(REN) NAME(S) AND DATE(S) OF BIRTH].

“Community Regime Termination Date” – If a judgment of divorce is rendered in the action, the filing date of the petition in that action, to which termination relates back under La. Civ. Code art. 159: [FILED DATE]. Confirm any different regime status established by a separate valid judgment or matrimonial agreement.

“Community Property” – All property classified as community property under applicable Louisiana law.

“Separate Property” – All property classified as separate property under applicable Louisiana law.

“Support Guidelines” – The Louisiana child support guidelines applicable to the court's support order under La. R.S. § 9:315.1.

III. OPERATIVE PROVISIONS

A. Property Division

1. Classification
   a. Exhibit A (Community Property Schedule) lists all Community Property as of the Community Regime Termination Date.
   b. Exhibit B (Community Debt Schedule) lists all community liabilities.
   c. Exhibit C (Separate Property Schedule) lists all known Separate Property of each Party.

2. Equalizing Partition
   a. The Parties voluntarily partition the Community Property identified in Exhibit A and allocate the Community Debt identified in Exhibit B. Each asset's recipient and any equalizing payment are stated there and below. No provision waives either Party's right to seek partition of omitted former community property.
   b. Under Louisiana Civil Code article 1839, transfers of immovable property may be made by authentic act or act under private signature and affect third persons only after registry in the parish where the property is located. The Parties shall execute a separate recordable conveyance in the form selected by Louisiana counsel.

3. Equalizing Cash Payment
   Within [___] days of the Effective Date, [PAYOR] shall pay [RECIPIENT] the sum of $[AMOUNT] to equalize the division of Community Property.

4. Debt Allocation
   a. [PARTY] shall assume and hold harmless [OTHER PARTY] from the debts listed on Exhibit B items [#–#].
   b. Each Party agrees to cooperate in refinancing or otherwise removing the other Party’s name from allocated debts within [___] days.

5. After-Discovered Assets
   If an asset or liability was omitted from Exhibits A or B, the Parties shall identify it and determine its classification and allocation under applicable law, by supplemental agreement or court resolution as appropriate.

B. Spousal Support

1. Interim Periodic Support
   a. Subject to any court order and La. Civ. Code art. 113, [PAYOR] shall pay $[AMOUNT] per month to [RECIPIENT] commencing [DATE] and continuing until [DATE OR COURT-APPROVED EVENT]. Any interim award generally terminates 180 days after divorce judgment unless the court extends it for good cause; final periodic support does not begin until the interim award terminates.

2. Final Periodic Support (If Any)
   a. Subject to a court award under La. Civ. Code art. 112, [PAYOR] shall pay $[AMOUNT] per month to [RECIPIENT], beginning [DATE AFTER INTERIM SUPPORT ENDS] and continuing until [DURATION OR COURT-ORDERED EVENT], subject to applicable law.
   b. Payments shall be made via [METHOD]. Under La. Civ. Code arts. 114 and 115, modification or termination follows the statutory grounds and any required judicial determination; cohabitation does not automatically end support without that determination.

3. Waiver
   A waiver, modification, or extinguishment of final spousal support requires a judgment or an authentic act or act under private signature duly acknowledged by the obligee under La. Civ. Code art. 116. State any separately executed waiver and its scope: [DOCUMENT AND CLAIM/PERIOD, IF ANY].

C. Child Custody & Visitation

1. Custody Designation
   a. The Parties propose [JOINT / SOLE] custody of the Child(ren), subject to the court's best-interest determination under La. Civ. Code art. 131.

2. Physical Custody Schedule
   a. The parenting schedule is attached as Exhibit D and incorporated herein.

3. Decision-Making Authority
   a. Major decisions (education, non-emergency healthcare, religion) shall be made [JOINTLY / BY CUSTODIAL PARENT].

4. Relocation
   a. A proposed change in a Child's principal residence shall be handled under the applicable Louisiana relocation provisions, including La. R.S. §§ 9:355.1 and 9:355.3. The proposing Party shall identify the authorized proposer, give any required statutory notice, and seek consent or court approval where applicable.

D. Child Support

1. Base Support Obligation
   a. Based on the Parties’ monthly gross incomes of $[HUSBAND] and $[WIFE], applicable adjustments, and the completed statutory Support Guidelines worksheet (Exhibit E), the Parties propose that [PAYOR] pay $[AMOUNT] per month to [RECIPIENT] commencing [DATE], subject to the court's determination under La. R.S. §§ 9:315.1 and 9:315.20. Attach completed Obligation Worksheet [A / B] as Exhibit E.

2. Extraordinary Expenses
   a. The Parties shall share uninsured medical, dental, vision, extracurricular, and educational expenses [PRO RATA BY INCOME / 50-50].

3. Income Withholding
   a. For a new child-support order not enforced by the Department of Children and Family Services, the order shall include immediate income assignment under La. R.S. § 9:303 unless the court approves a written alternative arrangement signed by both parents and entered into the record or finds good cause under that section. For an agency-enforced order, use the applicable agency procedure.

4. Modification
   a. A Party seeking modification must show a substantial and continuing material change in circumstances since the prior award, as provided by La. R.S. § 9:311.

E. Insurance & Tax Matters

1. Health & Dental Insurance
   [PARTY] shall maintain comprehensive health and dental coverage for the Child(ren) comparable to current coverage, providing proof annually.

2. Life Insurance
   Each Party shall maintain life insurance in the minimum face amount of $[AMOUNT], naming the Child(ren) as irrevocable beneficiaries and providing proof of premiums paid.

3. Tax Exemptions & Filing
   a. For tax years beginning [YEAR], the Parties propose the following allocation of dependency claims, to be implemented only to the extent permitted by applicable federal tax law: [ALLOCATE YEARS OR CHILDREN].
   b. A Party shall execute any release or declaration required by applicable federal tax law to implement a lawful allocation, if requested and applicable.

IV. REPRESENTATIONS & WARRANTIES

1. Full Disclosure
   Each Party represents that all assets, liabilities, and income have been fully, accurately, and honestly disclosed.

2. Authority & Capacity
   Each Party has full legal capacity and authority to enter into this Agreement and to perform the obligations herein.

3. Independent Counsel
   Each Party acknowledges having had the opportunity to seek independent legal counsel and enters this Agreement freely, voluntarily, and with full understanding of its terms.

4. Survival
   The representations and warranties herein shall survive execution and continue in effect until fully performed.

V. COVENANTS & RESTRICTIONS

1. Execution of Documents
   Each Party shall execute and deliver all instruments reasonably necessary to effectuate the transfers contemplated herein within [___] days of request.

2. Non-Disparagement
   Neither Party shall disparage the other in the presence of any Child or third parties with potential impact on the Child(ren).

3. Confidentiality
   The financial terms of this Agreement shall remain confidential except as required by law or court order.

4. Restraining Orders
   The Parties shall comply with any existing protective or restraining orders and reserve the right to seek injunctive relief to protect personal safety and property.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to make any payment when due under Sections III.B or III.D.
   b. Failure to execute required conveyance or title documents within required periods.
   c. Violation of custody or visitation schedules without good cause.

2. Notice & Cure
   A Party may give written notice describing an alleged breach and a proposed resolution. This step does not delay access to the Court for support, custody, visitation, safety, or enforcement relief.

3. Graduated Remedies
   The Parties may request any interest, enforcement, contempt relief, attorney fees, or costs authorized by applicable law and ordered by the Court.

VII. RISK ALLOCATION

1. Mutual Indemnification
   Each Party shall hold the other Party harmless, as between themselves, from third-party debts expressly allocated to the first Party in Exhibit B, subject to creditors' independent rights. This does not alter child-related obligations or court orders.

2. Court-Controlled Obligations
   Nothing in this Agreement limits a Party's obligations under a support, custody, visitation, or protective order or limits remedies available under applicable law.

3. Force Majeure
   If an extraordinary event delays a non-monetary property transfer, the affected Party shall promptly notify the other and propose a feasible new date. This clause does not suspend support, custody, visitation, or protective orders.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Agreement and any disputes hereunder shall be governed by the domestic relations laws of the State of Louisiana.

2. Forum Selection
   A dispute requiring court action shall be brought before a court with jurisdiction and proper venue under applicable law, with any existing divorce or custody docket identified as appropriate.

3. Discussion and Mediation
   The Parties may discuss a dispute or jointly choose mediation when appropriate. No private process changes a court order or prevents a Party from seeking court relief.

4. Protective Relief
   Nothing herein prevents a Party from applying to a court for relief authorized by law, including protective relief where warranted.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   Any contractual amendment must be in writing and signed by both Parties. A change to a court-controlled term requires whatever court action and form the law requires. A final spousal-support waiver must satisfy La. Civ. Code art. 116. No waiver of a contractual breach is deemed a waiver of any later breach.

2. Assignment
   Neither Party may assign a contractual duty under this Agreement without the other Party's prior written consent, subject to any court order and applicable law.

3. Successors & Assigns
   Property duties under this Agreement bind the Parties and their permitted successors to the extent allowed by law. Support and child-related duties remain subject to the governing court orders and law.

4. Severability
   If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. The Parties agree to substitute a valid provision that most closely approximates the intent and economic effect of the invalid provision.

5. Integration / Merger
   This Agreement, including all Exhibits, constitutes the entire understanding between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral, concerning the marriage, except for any protective orders in place.

6. Counterparts; Electronic Signatures
   This Agreement may be executed in counterparts to the extent permitted by applicable law. Electronic or scanned signatures do not substitute for any required authentic act, acknowledgment, witness, or recordable conveyance formalities.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Divorce Settlement Agreement as of the dates set forth below.

Husband: ____________________________ Date: [__/__/____]

Printed name: [HUSBAND'S FULL LEGAL NAME]

Wife: ____________________________ Date: [__/__/____]

Printed name: [WIFE'S FULL LEGAL NAME]

NOTARY AND WITNESS EXECUTION (complete for a valid authentic act only when each signer executes before an authorized notary and two witnesses under La. Civ. Code art. 1833)
Executed before me, [NOTARY NAME], Notary Public in and for the State of Louisiana, Parish of [PARISH], in the presence of the two witnesses named below, on this ___ day of __________, 20___.

____________________________
Notary Public
Printed name: [NOTARY NAME]
Notary ID No.: ___________
My commission is for life / expires: ___________

Witnesses present for execution:

1. ____________________________
   Printed name: [WITNESS 1]

2. ____________________________
   Printed name: [WITNESS 2]

Exhibits

• Exhibit A – Community Property Schedule
• Exhibit B – Community Debt Schedule
• Exhibit C – Separate Property Schedule
• Exhibit D – Parenting Plan / Custody Schedule
• Exhibit E – Child Support Worksheet