Minnesota Divorce Settlement Agreement Template
Marital Termination Agreement
[FOR ATTORNEY USE ONLY — NOT LEGAL ADVICE]
This template is provided solely for informational purposes to assist licensed attorneys. No attorney-client relationship is formed, and practitioners must verify all facts, customize bracketed terms, and confirm statutory citations before use.
Table of Contents
- Document Header
- Definitions
- Operative Provisions
3.1 Property Division
3.2 Spousal Maintenance
3.3 Child Custody & Parenting Time
3.4 Child Support
3.5 Insurance & Benefits
3.6 Tax Matters - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Schedules
1. DOCUMENT HEADER
MARITAL TERMINATION AGREEMENT
("Agreement") made and entered into on this ___ day of _, 20 ("Effective Date")
BY AND BETWEEN
• [FULL LEGAL NAME], residing at [ADDRESS] ("Petitioner"); and
• [FULL LEGAL NAME], residing at [ADDRESS] ("Respondent").
WHEREAS, an action for dissolution of marriage is pending in the District Court, Family Division, [] Judicial District, County of [COUNTY], State of Minnesota, Court File No. [__]; and
WHEREAS, the Parties desire to settle fully and finally all rights and obligations arising out of their marriage, including but not limited to property division, spousal maintenance, child custody, parenting time, and child support;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
The following terms, when capitalized, shall have the meanings set forth below:
“Agreement” means this Marital Termination Agreement, including all Exhibits and Schedules, as amended.
“Business Day” means any day courts in Minnesota are open for filing.
“Child(ren)” means the minor child(ren) of the Parties listed in Section 3.3.
“Court” means the District Court, Family Division, [___] Judicial District, County of [COUNTY], Minnesota.
“Effective Date” has the meaning given in the Document Header.
“Marital Assets” means all property subject to equitable division under Minn. Stat. § 518.58 (2024).
“Non-Marital Property” has the meaning set forth in Minn. Stat. § 518.003, subd. 3b (2024).
[Add additional defined terms as needed.]
3. OPERATIVE PROVISIONS
3.1 Property Division
3.1.1 Equalization Standard. Consistent with Minn. Stat. § 518.58 (2024), the Parties deem the division herein to be “just and equitable.”
3.1.2 Real Property. Title to the homestead located at [ADDRESS] is awarded to [PETITIONER/RESPONDENT] subject to mortgage assumption per Schedule A. The recipient shall execute a Quit Claim Deed within [__] days of Effective Date.
3.1.3 Personal Property. Tangible personal property is divided per Schedule B. Each Party waives rights in the other’s awarded items.
3.1.4 Retirement & Investment Accounts. Division shall be accomplished via QDROs or other court-approved transfer mechanisms within 60 days. Account balances and percentages are itemized in Schedule C.
3.1.5 Debts & Liabilities. Responsibility for marital debts is allocated per Schedule D. Indemnification provisions appear in Section 7.
[// GUIDANCE: Attach detailed schedules for clean delineation and later enforcement.]
3.2 Spousal Maintenance
3.2.1 Waiver or Award. [SELECT ONE: “Each Party waives permanent spousal maintenance.” / “Respondent shall pay temporary spousal maintenance of $[AMOUNT] per month for [DURATION] years.”]
3.2.2 Statutory Factors. Amount and duration consider Minn. Stat. § 518.552 (2024).
3.2.3 Modification. Maintenance shall be modifiable only upon showing of substantial change in circumstances per Minn. Stat. § 518A.39 (2024), unless expressly waived under Karon v. Karon criteria and approved by the Court.
3.3 Child Custody & Parenting Time
3.3.1 Minor Child(ren).
• Child 1: [NAME], born [DOB]
• Child 2: [NAME], born [DOB]
3.3.2 Legal Custody. The Parties shall share joint legal custody pursuant to Minn. Stat. § 518.17 (2024).
3.3.3 Physical Custody & Parenting Schedule. [Describe schedule or attach Parenting Plan as Exhibit E.]
3.3.4 Best-Interests Standard. The parenting arrangement is in the Child(ren)’s best interests considering factors in Minn. Stat. § 518.17, subd. 1 (2024).
3.4 Child Support
3.4.1 Guideline Support. Child support shall be calculated under the Minnesota Income Shares model in Minn. Stat. § 518A.35 (2024).
3.4.2 Basic Support. [PAYER] shall pay $[AMOUNT] per month commencing on the first day of the month following Effective Date through the MN Child Support Payment Center.
3.4.3 Medical & Dental Support. [ALLOCATE PREMIUMS / UNREIMBURSED EXPENSES] per Minn. Stat. § 518A.41 (2024).
3.4.4 Child Care Support. If applicable, allocate per Minn. Stat. § 518A.40 (2024).
3.4.5 Automatic Income Withholding. An automatic income withholding order shall issue under Minn. Stat. § 518A.53 (2024).
3.5 Insurance & Benefits
3.5.1 Life Insurance. Each Party shall maintain life insurance naming the other Party/[Child(ren)] as irrevocable beneficiary in the minimum face amount of $[AMOUNT] for so long as support obligations exist.
3.5.2 Medical Coverage for Children. [PAYER] shall maintain comprehensive health and dental insurance.
3.6 Tax Matters
3.6.1 Dependency Exemptions. [ALLOCATION] provided IRS rules are satisfied.
3.6.2 Tax Filing Status. Parties shall file separate returns for tax year [YEAR] forward.
3.6.3 Indemnification. A Party shall indemnify the other for any tax liability arising from inaccuracies on that Party’s separate return.
4. REPRESENTATIONS & WARRANTIES
4.1 Full Disclosure. Each Party represents full disclosure of assets, liabilities, and income.
4.2 Independent Counsel. Each Party has had opportunity to consult independent legal counsel and financial advisors.
4.3 Capacity & Authority. Each Party is of legal age and competent to enter this Agreement.
4.4 No Undue Influence. Execution is voluntary and free of duress.
Survival. The representations in Sections 4.1-4.4 survive the Effective Date and Court approval.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Parties shall execute all documents reasonably necessary to implement this Agreement, including title transfers and QDROs.
5.2 Mutual Non-Disparagement. Parties shall refrain from disparaging the other in the presence of the Child(ren).
5.3 Relocation Notice. A relocating parent shall provide at least 60 days’ advance written notice pursuant to Minn. Stat. § 518.175, subd. 3 (2024).
5.4 Confidentiality. Financial schedules (Schedule C & D) are deemed confidential and shall be filed as confidential documents per Minn. Gen. R. Prac. 11.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a) Failure to pay support or maintenance within ten (10) days of due date.
b) Failure to transfer property or execute required documents within stated deadlines.
c) Material breach of any covenant in Section 5.
6.2 Notice & Cure. Non-breaching Party shall provide written notice; breaching Party has fifteen (15) days to cure except for support arrears, which are immediately enforceable.
6.3 Remedies.
• Entry of judgment for unpaid sums with statutory interest.
• Contempt of Court proceedings under Minn. Stat. § 518A.72 (2024).
• Attachment, garnishment, or withholding of tax refunds.
• Attorney’s fees and costs to prevailing Party.
[// GUIDANCE: Include graduated remedies to enhance enforceability.]
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall defend, indemnify, and hold harmless the other (“Indemnified Party”) from any loss, claim, or expense (including reasonable attorney’s fees) arising out of:
a) Debts or liabilities allocated to the Indemnifying Party in Schedule D;
b) Tax liabilities on the Indemnifying Party’s separate income;
c) Breach of any representation, warranty, or covenant herein.
7.2 Limitation of Liability
Except for willful misconduct or obligations for support, each Party’s aggregate liability under this Agreement shall not exceed that Party’s share of the Marital Assets.
7.3 Force Majeure
A Party’s performance (other than payment obligations) is excused to the extent prevented by acts of God, governmental orders, or other events beyond reasonable control; such Party must resume performance promptly thereafter.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
8.2 Forum Selection. The Family Division of the District Court for [COUNTY] County, Minnesota, shall have exclusive jurisdiction, subject to continuing jurisdiction provisions of Minn. Stat. ch. 518A.
8.3 Arbitration (Limited). The Parties may, by mutual written consent, submit post-decree property disputes (not involving custody, parenting time, or support) to binding arbitration under Minn. Stat. § 572B.
8.4 Jury Waiver. Jury trial is unavailable on family-law matters under Minnesota practice.
8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek restraining orders or emergency relief to protect personal safety or the best interests of the Child(ren).
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Modifications must be in writing, signed by both Parties, and approved by the Court. No waiver is effective unless in writing.
9.2 Assignment. Rights and obligations are personal and non-assignable, except that support obligations shall inure to the benefit of the Child(ren).
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is unenforceable, the remaining provisions remain in effect, and the Court may reform the Agreement to give effect to the Parties’ intent.
9.5 Integration. This Agreement constitutes the entire understanding, superseding all prior agreements, written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and signatures delivered electronically shall be effective.
9.7 Headings. Headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[PETITIONER NAME]
Date: _______
[RESPONDENT NAME]
Date: _______
STATE OF MINNESOTA )
) ss.
COUNTY OF ___ )
On this ___ day of _, 20_, before me, a Notary Public within and for said County and State, personally appeared ____ and ________, known to me to be the persons described herein and who acknowledged execution of the foregoing Marital Termination Agreement.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verify county-specific notarization or witness requirements.]
11. EXHIBITS & SCHEDULES
Schedule A – Real Property Allocation
Schedule B – Personal Property Allocation
Schedule C – Retirement & Investment Accounts
Schedule D – Marital Debts and Liabilities
Exhibit E – Parenting Plan / Detailed Parenting Schedule
Exhibit F – Child Support Calculation Worksheet (MN Guidelines)
[// GUIDANCE: Attach court-approved Financial Disclosure Statement (Form DIV402) and Confidential Information Form (Form CON111) when filing.]