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 the [NAME OF LOUISIANA FAMILY COURT] 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 intend for this Agreement to be incorporated, but not merged, into any Judgment of Divorce entered in the Divorce Proceeding.

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” – The date on which the legal community property regime between the Parties terminated pursuant to Louisiana Civil Code. [INSERT DATE—e.g., date petition for divorce was served or judgment of separation rendered].

“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 as set forth in La. R.S. § 9:315 and related provisions, as amended from time to time.

[// GUIDANCE: Add, modify, or delete definitions to fit the specific circumstances. Ensure defined terms are used consistently.]

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 hereby partition Community Property so that each receives assets of equal net value, subject to any equalizing payment set forth in Section III.A.3.
   b. Transfers of immovable property shall be effectuated by authentic act before a Louisiana notary and two witnesses.

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
   Any community asset or liability omitted from Exhibits A or B shall be jointly owned or owed. The Parties shall either (i) divide such asset or liability equally, or (ii) submit the matter to the dispute resolution mechanism in Article VIII.

[// GUIDANCE: Louisiana Civil Code art. 2336, 2369.3 support post-termination partitions; ensure exhibits are attached.]

B. Spousal Support

1. Interim Periodic Support
   a. [PAYOR] shall pay $[AMOUNT] per month to [RECIPIENT] commencing [DATE] and terminating upon the earlier of (i) rendition of a Judgment of Divorce, or (ii) [___] months from Effective Date.

2. Final Periodic Support (If Any)
   a. In accordance with La. Civ. Code art. 112, [PAYOR] shall pay $[AMOUNT] per month to [RECIPIENT], beginning [DATE] and continuing for [DURATION]/until recipient’s death/remarriage/cohabitation, whichever first occurs.
   b. Payments shall be made via [METHOD] and may be modified only by written agreement or court order.

3. Waiver
   Except as expressly provided, each Party waives any additional claim for spousal support past, present, or future.

C. Child Custody & Visitation

1. Custody Designation
   a. The Parties agree to [JOINT VS. SOLE] custody of the Child(ren) in conformity with La. Civ. Code art. 131 et seq.
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. Relocation of a Child’s principal residence is governed by La. R.S. § 9:355.1 et seq. Written notice and consent or court approval are required.

[// GUIDANCE: Louisiana’s “best interest” standard applies; ensure schedule is detailed to limit ambiguity.]

D. Child Support

1. Base Support Obligation
   a. Based on the Parties’ gross incomes of $[HUSBAND] and $[WIFE] per month and the Support Guidelines worksheet (Exhibit E), [PAYOR] shall pay $[AMOUNT] per month to [RECIPIENT] commencing [DATE].
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. An immediate income withholding order shall issue pursuant to La. R.S. § 9:303.
4. Modification
   a. Child support may be modified upon a material change in circumstances in accordance with 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 shall claim the Child(ren) as dependents as follows: [ALLOCATE YEARS OR CHILDREN].
   b. The Parties shall cooperate in signing IRS Form 8332 or successor forms.

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
   The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [10] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless a shorter period is mandated by law or court order.

3. Graduated Remedies
   a. Interest at [___]% per annum on unpaid sums.
   b. Contempt proceedings in family court.
   c. Entry of judgment for unpaid amounts, enforceable by garnishment or seizure.
   d. Award of reasonable attorney fees and costs.

VII. RISK ALLOCATION

1. Mutual Indemnification
   Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Child(ren) (each, an “Indemnified Party”) from and against any losses, liabilities, claims, or expenses (including reasonable attorney fees) arising from:
   a. The Indemnifying Party’s breach of this Agreement; or
   b. Any debt or obligation allocated to the Indemnifying Party herein.

2. Limitation of Liability
   Except for intentional misconduct or obligations relating to support, each Party’s aggregate liability under this Agreement shall not exceed the total net value of that Party’s allocated share of Community Property as set forth in Exhibit A.

3. Force Majeure
   Performance shall be excused to the extent prevented by events beyond a Party’s reasonable control (e.g., natural disasters, war), provided prompt notice is given and reasonable efforts to mitigate are undertaken.

[// GUIDANCE: Courts retain authority over support and custody; limitation of liability cannot curtail statutory child or spousal support obligations.]

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
   Exclusive jurisdiction and venue lie in the [NAME] Parish Family Court (or successor division).

3. Arbitration – Limited Scope
   a. Except for issues relating to custody, visitation, or child support—which are non-arbitrable under Louisiana public policy—any dispute arising solely from the interpretation or enforcement of property division or spousal support provisions may be submitted to binding arbitration upon mutual written consent.
   b. Arbitration shall be conducted in [CITY, LA] in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by a single arbitrator who is a Louisiana-licensed family law attorney with a minimum of ten (10) years’ experience.
   c. The arbitrator shall have authority to award monetary relief only; injunctive or custodial matters remain within the exclusive purview of the Family Court.

4. Jury Waiver
   Jury trials are not available in Louisiana family court proceedings; accordingly, no jury-trial right is waived or impaired herein.

5. Injunctive Relief Reservation
   Nothing herein limits either Party’s right to seek equitable or injunctive relief, including but not limited to restraining orders or protective orders, from the Family Court.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment, modification, or waiver of any provision shall be effective unless in writing and signed by both Parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.

2. Assignment
   Except for the transfer of obligations to an estate upon death, neither Party may assign or delegate this Agreement without the prior written consent of the other Party.

3. Successors & Assigns
   This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

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 one or more counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Facsimile, scanned, or electronically signed counterparts (including via DocuSign or similar platform) shall be deemed originals.

X. EXECUTION BLOCK

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

[// GUIDANCE: For transfers of immovable property or to create an “authentic act,” Louisiana requires execution before a notary public and two witnesses. Insert formal notarial jurat below if real property is involved.]

NOTARY BLOCK (Authentic Act Format)
Sworn to and subscribed before me, [NOTARY NAME], Notary Public in and for the State of Louisiana, Parish of [PARISH], on this ___ day of _, 20.

---

Notary Public
Notary ID No.: __
My commission is for life / expires: __

Witnesses:
1. ____ (Print & Sign)
2. ____ (Print & Sign)

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
[// GUIDANCE: Attach completed schedules and worksheets. Attorneys should verify accuracy and statutory compliance before filing.]

[// GUIDANCE:
1. Review all monetary amounts, dates, and allocations for accuracy and compliance with Louisiana community property and support laws.
2. Confirm court rules regarding submission of settlement agreements in the relevant parish.
3. Update statutory references if amended after 2024.
4. Where federal benefits, military pensions, or complex retirement accounts are involved, incorporate QDRO or COAP language as needed. ]