Divorce Settlement Agreement - Minnesota

DIVORCE SETTLEMENT AGREEMENT — MINNESOTA

This Divorce Settlement Agreement (Agreement) is made on [__/__/____] by the Petitioner and Respondent named above (the Parties). They married on [__/__/____] in [________________]. Their marriage is irretrievably broken, and they ask the Court to approve this Agreement and incorporate its approved terms into a judgment and decree of dissolution. The Agreement itself does not dissolve the marriage; the decree does that when entered. The Parties have exchanged information about their income, assets, and debts, and enter this Agreement voluntarily.

1. Children and pregnancy

☐ No minor or dependent children of this marriage; neither Party is pregnant. Omit Sections 5 and 6 and Schedule E.

☐ The joint children are identified below; complete Sections 5 and 6 and Schedule E.

Other child or pregnancy information requiring court attention: [________________________________].

2. Property division

The Parties propose the division in Schedules A through C as just and equitable under Minn. Stat. § 518.58. They identify any claimed nonmarital property and its basis in Schedule B; title alone does not decide whether property acquired during marriage is nonmarital under § 518.003, subd. 3b. The Parties ask the Court to make the required findings.

Real property. The residence and any other real estate are allocated in Schedule A. The retaining Party shall make reasonable efforts to refinance any loan listed there by [__/__/____]. Until a lender actually releases a borrower, the decree and this Agreement do not release that borrower's obligation to the lender. The Parties shall sign documents needed to carry out the approved division by [__/__/____]. If a property will be sold, Schedule A controls the listing, costs, and proceeds.

Other assets. Each Party receives the items awarded in Schedule B. Each shall deliver the other's awarded items and sign transfer documents by [__/__/____]. Equalization payment, if any: [PAYER] shall pay [RECIPIENT] $[________] by [__/__/____] by [METHOD].

Retirement. Schedule C identifies each plan, valuation date, amount or percentage, and the person responsible for preparing any required domestic relations order. The Parties shall submit required orders for court and plan review. A property award here does not itself qualify as a domestic relations order for an ERISA plan. Plan terms and the approved order control payment by the plan.

3. Debts

Schedule D identifies each debt and the Party responsible for paying it. The responsible Party shall pay the listed debt when due and reimburse the other Party for amounts the other Party actually pays on that debt after [DATE], including documented reasonable costs caused by nonpayment. This allocation does not bind a creditor or release any borrower or guarantor unless the creditor agrees. The Parties shall exchange notices of collection claims concerning an allocated debt promptly.

4. Spousal maintenance

Select one:

☐ Neither Party requests spousal maintenance; each asks the Court to reserve or deny future maintenance as follows: [STATE REQUEST AND SUPPORTING FACTS].

☐ [PAYER] shall pay [RECIPIENT] $[________] per month beginning [__/__/____] and ending [__/__/____ / EVENT], subject to the Court's order. The requested award is ☐ transitional ☐ indefinite. Basis for the award, including financial need and ability to pay: [________________________________].

Payment method and due day: [________________________________]. Unless otherwise agreed in writing or stated in the decree, future maintenance ends on either Party's death or the recipient's remarriage under Minn. Stat. § 518.552, subd. 5a.

Any later modification is governed by § 518.552, subd. 5b and the decree. The Parties request a limit on modification only if the Court makes the findings required by § 518.552, subd. 5 and incorporates the stipulation into the decree: ☐ No limit requested ☐ Limit requested as follows: [________________________________]. Consideration supporting a requested limit: [________________________________]. Financial disclosures supporting it: [________________________________].

5. Custody and parenting time (complete if children are listed)

The Parties request ☐ joint ☐ sole legal custody to [PARENT], and ☐ joint ☐ sole physical custody to [PARENT], with the practical decision responsibilities and parenting schedule in Schedule E. The Parties ask the Court to determine the children's best interests under Minn. Stat. § 518.17. Facts supporting the requested arrangement, including any safety needs: [________________________________].

For a child's move to another state, the parent with whom the child resides shall obtain the other parent's consent or a court order when the other parent has parenting time under the decree, as provided in Minn. Stat. § 518.175, subd. 3. Advance notice and communication for other proposed moves, if the Parties agree: [________________________________]. This agreed notice does not substitute for required consent or a court order.

6. Child support and health coverage (complete if children are listed)

The Parties request the following order, supported by the calculation entries below and the financial information they submit to the Court. The guideline is a rebuttable presumption under Minn. Stat. § 518A.35; the Court determines the order. Any requested deviation and its basis: [________________________________].

The Parties request child care support consistent with Minn. Stat. § 518A.40 and medical support under § 518A.41. Insurance details, changes in coverage, and expense exchange/reimbursement procedure: [________________________________]. Payments shall be made as directed in the support order; a change to the Parties' agreement alone does not change that order. Information required in a child-support order under § 518A.41, including protected identifying information, shall be supplied in the manner directed by the Court rather than inserted in this public-facing agreement.

7. Insurance and taxes

☐ No additional life-insurance security is agreed. ☐ [PARTY] shall maintain a policy of $[________] through [DATE/EVENT] with [BENEFICIARY] as beneficiary to secure [IDENTIFY OBLIGATION], subject to plan or policy terms and any court order. The policy holder shall provide proof of coverage on reasonable request.

The Parties shall determine federal filing status for each tax year under federal law based on their marital status on the last day of that year and other applicable facts. For tax year [____], they intend to file [________________________________], if permitted. Refunds, tax due, and preparation costs for any joint return: [________________________________]. Each Party bears tax attributable to that Party's separate return and shall reimburse the other for loss caused by materially false information that Party supplies for a joint return. Any child-related federal tax claim is subject to federal eligibility and required releases; agreed allocation, if any: [________________________________].

8. Implementation and enforcement

Each Party shall sign reasonably necessary documents and provide information needed to carry out the decree and this Agreement. If a deadline is missed, the other Party may request relief from the Court, including enforcement of an incorporated term. No private notice or cure period delays enforcement of support or another court order. The Court decides available relief, interest, costs, and fees under governing law; this Agreement does not create an automatic fee award, tax-refund seizure, liability cap, or excuse for nonpayment.

The Parties may resolve a disagreement by written agreement and may seek mediation by mutual consent. Neither mediation nor a private agreement changes a custody, parenting, support, or maintenance order without any required court action. Minnesota law governs this Agreement, subject to applicable federal law and the Court's continuing authority.

9. Final terms

The Parties have had the opportunity to consult separate counsel. The schedules completed and signed or initialed by both Parties are part of this Agreement. Any change before entry of the decree must be in writing and signed by both Parties; after entry, the decree and applicable law control whether court approval is required. If a provision is unenforceable, the remaining provisions remain effective to the extent consistent with the decree and law. This Agreement states the Parties' complete proposal on these subjects, except for: [IDENTIFY OTHER AGREEMENTS OR ORDERS].

10. Signatures

Petitioner signature: __________________________ Date: [__/__/____]

Printed name: [________________________________]

Respondent signature: _________________________ Date: [__/__/____]

Printed name: [________________________________]

Petitioner's attorney, if any: [________________________________]

Respondent's attorney, if any: [________________________________]

Schedule A — Real property

If sold: listing broker and date [________________]; price and adjustment method [________________]; carrying costs [________________]; net proceeds division [________________].

Schedule B — Other property and nonmarital claims

Schedule C — Retirement and pension division

Survivor benefit, loan, fee, and tax allocation terms if applicable: [________________________________].

Schedule D — Debt allocation

Schedule E — Parenting plan

Ordinary week: [________________________________].

Exchange times, places, and transportation: [________________________________].

Holidays, school breaks, and summer: [________________________________].

Decision making for education, health, and activities: [________________________________].

Communication with children and between parents: [________________________________].

Travel, notice, and safety arrangements: [________________________________].

Other agreed terms: [________________________________].