MARITAL SETTLEMENT AND PARENTING AGREEMENT

(Michigan)

[// GUIDANCE: This template is drafted for use in uncontested divorces filed in Michigan state family court. It is designed for cases involving minor children and marital property. Customize bracketed placeholders and delete any inapplicable provisions before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
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; Parties; Effective Date
   1.1 This Marital Settlement and Parenting Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   (a) [FULL LEGAL NAME OF SPOUSE A], currently residing at [ADDRESS] (“Spouse A”); and
   (b) [FULL LEGAL NAME OF SPOUSE B], currently residing at [ADDRESS] (“Spouse B,” and together with Spouse A, the “Parties,” and each individually, a “Party”).

2. Recitals
   2.1 The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE] and have since acquired property and, if applicable, debts;
   2.2 The Parties are parents of the following minor child(ren) (the “Child(ren)”): [NAMES & DOBs];
   2.3 Irreconcilable differences have arisen, and each Party now desires a final dissolution of marriage in the State of Michigan;
   2.4 The Parties wish to fully, finally, and completely settle all rights and obligations arising out of the marriage, including, without limitation, property division, spousal support, child custody, parenting time, and child support, in accordance with Michigan law;
   2.5 Adequate and reasonable consideration exists for this Agreement, the sufficiency of which is hereby acknowledged.

3. Jurisdiction
   3.1 This Agreement shall be governed by and construed under the domestic relations laws of the State of Michigan and is intended for incorporation, without merger, into a Judgment of Divorce entered by the [NAME OF COUNTY] County Circuit Court, Family Division (the “Court”).

II. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. Terms defined in the singular shall include the plural and vice-versa.

“Agreement” has the meaning set forth in Section I.
“Child Support” means the financial support obligations calculated under the Michigan Child Support Formula and ordered by the Court.
“Child(ren)” has the meaning set forth in Section I.
“Custody” means legal and/or physical custody of the Child(ren) as governed by Michigan’s Child Custody Act and best-interest factors.
“Marital Property” means all property acquired by either Party during the marriage that is subject to equitable distribution under Michigan law.
“Marital Home” means the real property commonly known as [ADDRESS].
“Parenting Time” means the schedule by which the Parties shall share time with the Child(ren).
“Separate Property” means property that is not subject to division under Michigan law, including, without limitation, property acquired by gift, inheritance, or prior to marriage, and any passive appreciation thereon.
“Spousal Support” means periodic or lump-sum payments by one Party to the other under Section III.7.

[// GUIDANCE: Add or delete defined terms as necessary for the specific matter.]

III. OPERATIVE PROVISIONS

3.1 Dissolution of Marriage
a. The Parties shall jointly or separately file all pleadings necessary to obtain a Judgment of Divorce incorporating this Agreement.
b. Each Party waives any requirement that the other further prove grounds for divorce beyond irreconcilable differences.

3.2 Property Classification and Division
a. Identification of Property
i. Schedule A (Marital Property) and Schedule B (Separate Property) are attached hereto and incorporated herein.
b. Equitable Distribution
i. The Parties agree that the division set forth herein constitutes an equitable distribution of Marital Property as required by Michigan law.
ii. Transfer Documents: Within [30] days after entry of the Judgment of Divorce, each Party shall execute all deeds, titles, assignments, and other documents reasonably necessary to effectuate the transfers herein.
c. Marital Home
i. Disposition: [SELL / TRANSFER TO SPOUSE A / TRANSFER TO SPOUSE B] on or before [DATE].
ii. Equity Equalization: The net proceeds/equity shall be divided [PERCENTAGE SPLIT] after customary closing costs.
d. Retirement and Deferred Compensation
i. Any division shall be accomplished via a Qualified Domestic Relations Order (“QDRO”) prepared at [PARTY RESPONSIBLE]’s expense within [TIMEFRAME].
e. Personal Property
i. Allocation per mutually-agreed inventory attached as Schedule C.
f. Debts
i. Each Party shall be solely responsible for the debts listed in his or her name on Schedule D; joint debts shall be allocated as indicated therein.
ii. Hold-Harmless Obligation: Each Party shall indemnify the other pursuant to Section VII.1.

3.3 Financial Accounts
a. Each Party shall retain all bank, brokerage, and cryptocurrency accounts titled solely in that Party’s name as of the Effective Date.
b. Joint accounts shall be closed and funds divided [PERCENTAGE SPLIT] within [TIMEFRAME].

3.4 Vehicles, Boats, and Recreational Assets
a. Allocation as set forth on Schedule E.
b. Title transfer to occur within [10] business days of the Judgment of Divorce, with each Party responsible for associated fees.

3.5 Taxes
a. Filing Status: The Parties shall file [JOINT/SEPARATE] federal and state income tax returns for tax year [YEAR], sharing any refund or liability [HOW].
b. Dependency Exemptions: Commencing tax year [YEAR], [SPOUSE A/B ALTERNATING] may claim the Child(ren) as dependents, provided he/she is current on Child Support.
c. Indemnity: Each Party shall indemnify the other for an audit or liability attributable to his or her own income, deductions, or omissions.

3.6 Health, Dental, and Vision Insurance
a. Coverage: [DESIGNATED PARENT] shall maintain medical, dental, and vision insurance for the Child(ren) as available through employment at a reasonable cost.
b. Uninsured Expenses: The Parties shall share uncovered costs [PERCENTAGE SPLIT]; reimbursement due within [30] days of proof of expense.

3.7 Spousal Support
a. Type: [NONE / REHABILITATIVE / PERMANENT / LUMP-SUM].
b. Amount & Term: [$ AMOUNT] per [MONTH] commencing [DATE] and terminating [DATE/EVENT].
c. Modifiability: [MODIFIABLE / NON-MODIFIABLE] except as may be required by Michigan law.
d. Tax Treatment: Characterized pursuant to applicable federal and state law as [TAXABLE / NON-TAXABLE] to the recipient.

3.8 Child Custody & Parenting Time
a. Legal Custody: [JOINT / SOLE TO ____].
b. Physical Custody & Parenting Schedule: See Parenting Time Schedule attached as Exhibit 1.
c. Best-Interest Factors: The Parties acknowledge the schedule promotes the Child(ren)’s best interests consistent with Michigan’s statutory factors.
d. Relocation: A Party seeking to relocate the Child(ren) more than 100 miles or out of state shall obtain written consent of the other Party or Court approval.
e. Communication: Each Party shall have reasonable telephonic/video contact with the Child(ren) during the other’s Parenting Time.

3.9 Child Support
a. Calculation: Child Support shall be calculated under the Michigan Child Support Formula Worksheet attached as Exhibit 2.
b. Payment: [PAYOR] shall pay [$ AMOUNT] per [WEEK / MONTH] through the Michigan State Disbursement Unit commencing [DATE].
c. Automatic Review: Support shall be reviewed every [24/36] months or upon a statutory change in circumstances.

3.10 Life Insurance
a. Each Party shall maintain a life insurance policy of at least [$ AMOUNT] naming the Child(ren) as irrevocable beneficiaries, in trust if applicable, until all Child Support obligations terminate.

3.11 Name Restoration
a. [SPOUSE A/B] may resume the use of her/his former surname, [FORMER SURNAME], without further order.

3.12 Conditions Precedent & Subsequent
a. Effectiveness: Obligations contingent upon entry of a Judgment of Divorce incorporating this Agreement.
b. Subsequent Failure: Material breach of this Agreement post-judgment shall entitle the non-breaching Party to the remedies outlined in Section VI.

IV. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants to the other that:
a. Full Disclosure: He or she has fully and accurately disclosed all assets, liabilities, income, and expenses;
b. Independent Counsel: He or she has had the opportunity to retain independent legal counsel of choice;
c. No Undue Influence: Execution of this Agreement is voluntary, without duress, coercion, or undue influence;
d. Capacity: He or she is of legal age and sound mind and has the legal capacity to execute this Agreement;
e. No Pending Bankruptcy: No bankruptcy petition is pending or contemplated that would affect the enforcement of this Agreement.

4.2 Survival & Incorporation
a. The representations and warranties shall survive execution and the entry of the Judgment of Divorce.

V. COVENANTS & RESTRICTIONS

5.1 Execution of Documents: Each Party shall sign and deliver all documents necessary to carry out the terms of this Agreement within the stated deadlines.

5.2 Confidentiality: Except as required by law, neither Party shall disclose the terms of this Agreement to any third party other than legal, tax, or financial advisors bound by duty of confidentiality.

5.3 Non-Disparagement: The Parties shall refrain from disparaging or speaking negatively about the other Party in the presence or hearing of the Child(ren).

5.4 Restraining Orders: Each Party shall be permanently enjoined from molesting, harassing, stalking, or assaulting the other Party or the Child(ren).

5.5 Compliance Monitoring: The Parties shall comply with any Friend of the Court reporting and monitoring requirements.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to pay any monetary obligation when due;
b. Failure to transfer property or execute documents required herein;
c. Violation of custody, parenting time, or restraining provisions.

6.2 Notice & Cure
a. The non-defaulting Party shall provide written notice specifying the default.
b. The defaulting Party shall have [10] business days to cure a monetary default and [30] calendar days to cure a non-monetary default, unless impracticable.

6.3 Remedies
a. Contempt: The non-defaulting Party may petition the Court for an order of contempt and any other relief available under Michigan law.
b. Self-Executing Transfers: In the event of non-cooperation on property transfers, the Judgment of Divorce shall operate as a conveyance instrument.
c. Attorney Fees: A defaulting Party shall pay the non-defaulting Party’s reasonable attorney fees and costs incurred to enforce this Agreement.
d. Graduated Sanctions: The Court may impose wage garnishment, liens, and other statutory remedies.

VII. RISK ALLOCATION

7.1 Mutual Indemnification
a. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, liability, claim, damage, or expense (including reasonable attorney fees) arising out of debts or obligations allocated to the Indemnifying Party under this Agreement.
b. Cap on Liability: Each Party’s indemnity obligations shall be limited to the value of his or her share of Marital Property received under this Agreement.

7.2 Limitation of Liability
a. Except for willful misconduct or fraud, neither Party shall be liable to the other for consequential or punitive damages.

7.3 Force Majeure
a. A Party shall not be deemed in default for delay in performing obligations (other than monetary) due to war, acts of God, or other events beyond reasonable control, provided written notice is given within [10] days of the event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
a. This Agreement and all disputes hereunder shall be governed by Michigan substantive family law.

8.2 Forum Selection
a. Exclusive jurisdiction and venue shall lie in the [NAME OF COUNTY] County Circuit Court, Family Division.

8.3 Mediation / Arbitration
a. Mediation: Prior to filing any post-judgment motion (except emergency matters), the Parties shall attempt mediation with a mutually-acceptable mediator.
b. Binding Arbitration: Property-related disputes may be submitted to binding arbitration under Michigan Court Rule 3.602, provided (i) both Parties consent in writing, and (ii) custody, parenting time, and child support issues remain within Court jurisdiction.

8.4 Jury Waiver
a. Pursuant to Michigan law, the Parties acknowledge that dissolution matters are heard without a jury.

8.5 Injunctive Relief
a. Nothing herein limits either Party’s right to seek immediate injunctive relief, including restraining orders, from the Court to protect person or property.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
a. No modification or waiver of any provision shall be valid unless set forth in a written instrument signed by both Parties and, if required, approved by the Court.
b. The failure of either Party to enforce any provision shall not be construed as a waiver of future performance.

9.2 Assignment
a. Neither Party may assign or delegate any rights or obligations under this Agreement without prior written consent of the other Party, except to personal representatives upon death.

9.3 Successors & Assigns
a. 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
a. Should any provision be held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it valid.

9.5 Integration / Merger
a. This Agreement, including all exhibits and schedules, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior oral or written agreements.

9.6 Counterparts; Electronic Signatures
a. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together constitute one instrument.
b. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK

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

[// GUIDANCE: Michigan generally requires notarization for deeds and certain transfers, but notarization of the Settlement Agreement itself is strongly recommended for evidentiary purposes.]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

State of Michigan )
County of [COUNTY] )

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [SPOUSE A NAME] and [SPOUSE B NAME], who acknowledged that they executed the foregoing Marital Settlement and Parenting Agreement for the purposes stated therein.

Notary Public, State of Michigan
County of _
My Commission Expires: _
Acting in the County of ____

[END OF AGREEMENT]