DIVORCE SETTLEMENT AGREEMENT

State of Montana

[// GUIDANCE: This template is drafted for use in Montana (“MT”) dissolutions under the Uniform Marriage & Divorce Act as adopted in Title 40, Ch. 4, Montana Code Annotated. Counsel should review and localize all bracketed items, add asset schedules, and verify statutory dollar thresholds and guideline calculations before filing.]

TABLE OF CONTENTS

I. Document Header & Recitals
II. Definitions
III. Operative Provisions
   1. Dissolution & Status of Marriage
   2. Parenting Plan & Custody
   3. Child Support
   4. Spousal Maintenance (Alimony)
   5. Division of Property & Debt
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Notarization

I. DOCUMENT HEADER & RECITALS

This Divorce Settlement Agreement (the “Agreement”) is made and entered into as of [Effective Date] by and between:

• [Full Legal Name of Spouse 1], [Petitioner/Respondent], residing at [Address] (“Spouse A”); and
• [Full Legal Name of Spouse 2], [Petitioner/Respondent], residing at [Address] (“Spouse B”);

each, a “Party,” and collectively, the “Parties.”

A. The Parties were married on [Marriage Date] in [City, State] and have since resided primarily in Montana.
B. An action for dissolution of marriage is presently pending, or will be filed, in the [___th] Judicial District Court, [County] County, Montana (the “Court”).
C. The Parties wish to resolve finally all matters of property distribution, allocation of debts, spousal maintenance, child support, parental responsibilities, and any other rights and obligations arising from their marital relationship.
D. The Parties acknowledge that (i) this Agreement is entered voluntarily, (ii) each has had adequate opportunity to obtain independent legal and financial advice, and (iii) full and fair disclosure of all assets, liabilities, and income has been made.
E. Consideration. The mutual promises herein and the approval of the Court constitute good and sufficient consideration.

NOW, THEREFORE, the Parties agree as follows:

II. DEFINITIONS

[// GUIDANCE: Defined terms appear capitalized throughout. Expand or delete terms to suit the matter.]

“Affiliate” – any entity a Party controls or is controlled by.
“Child(ren)” – the minor child(ren) of the Parties: [Name(s) & Date(s) of Birth].
“Court” – the Montana district court identified in the Recitals.
“Guidelines” – the Montana Child Support Guidelines as updated by the Department of Public Health & Human Services pursuant to Mont. Code Ann. § 40-5-209 et seq.
“Marital Estate” – all property, whether real or personal, tangible or intangible, acquired by either Party from [Marriage Date] through the earlier of (i) [Separation Date], or (ii) the date of entry of a decree of dissolution, except Separate Property.
“Parenting Plan” – the custody and visitation framework set out in Section III.2, intended to satisfy Mont. Code Ann. §§ 40-4-212 & 40-4-234.
“Separate Property” – assets identified on Schedule A (Spouse A) and Schedule B (Spouse B) that are excluded from equitable division under Mont. Code Ann. § 40-4-202.

III. OPERATIVE PROVISIONS

1. Dissolution & Status of Marriage

1.1 Decree. Upon Court approval, the marriage shall be dissolved, and each Party restored to the status of a single person.
1.2 Name Restoration. [Optional: Spouse A/Spouse B] may resume the former name: [____].

2. Parenting Plan & Custody

2.1 Best Interests. All provisions herein are made in the best interests of the Child(ren) per Mont. Code Ann. § 40-4-212.
2.2 Allocation of Parental Responsibilities.
(a) Decision-Making: [Joint / Sole to Spouse A / Sole to Spouse B] on major health, education, and religious matters.
(b) Residential Schedule: See Exhibit P-1 (detailed calendar).
(c) Holiday/Vacation Schedule: See Exhibit P-2.
2.3 Relocation. A Party wishing to relocate the Child(ren) more than [____] miles or out of state must give [30] days’ prior written notice and comply with Mont. Code Ann. § 40-4-217.
2.4 Communication. Both Parties shall have reasonable telephone, electronic, and mail contact with the Child(ren).
2.5 Dispute-Resolution re Parenting. Custody disputes shall be submitted first to mediation; if unresolved, they are subject exclusively to the Court’s jurisdiction.

3. Child Support

3.1 Guideline Amount. Based on financial disclosures dated [____], the presumptive monthly support is [$____] payable by [Spouse A / Spouse B] commencing [_____].
3.2 Deviation. [If applicable] The Parties agree to a deviation to [$____] because [specific statutory factor].
3.3 Method of Payment. Support shall be remitted via the Montana Child Support Services Division or as otherwise ordered.
3.4 Medical Support. [Spouse A / Spouse B / Both Parties] shall maintain health insurance; unreimbursed medical expenses shall be split []/[].
3.5 Review & Modification. Either Party may seek modification if circumstances change materially as defined in Mont. Code Ann. § 40-4-208.

4. Spousal Maintenance

4.1 Entitlement. [Spouse A / Spouse B / Neither] is entitled to maintenance under Mont. Code Ann. § 40-4-203.
4.2 Amount & Duration. [Spouse A / Spouse B] shall pay [$____] per month for [___] months/years, terminating upon the earliest of:
(a) death of either Party;
(b) remarriage of the recipient; or
(c) further order of the Court.
4.3 Tax Treatment. [// GUIDANCE: Post-2018 federal law generally eliminates deductions for alimony. Confirm with tax counsel.]
4.4 Non-Dischargeability. Maintenance is intended as a domestic support obligation and is nondischargeable in bankruptcy.

5. Division of Property & Debt

5.1 Equitable Distribution. The Marital Estate shall be allocated equitably but not necessarily equally. Title shall pass as of the Effective Date subject to Court approval.
5.2 Asset Allocation.
(a) To Spouse A: Assets on Schedule C.
(b) To Spouse B: Assets on Schedule D.
(c) Jointly Retained/For Sale: Assets on Schedule E with sale procedures therein.
5.3 Real Property. Within [__] days:
• Quitclaim deeds shall be executed;
• Refinancing or assumption agreements shall be completed to remove the other Party’s liability.
5.4 Retirement & Deferred Compensation. Transferring Party shall cooperate in preparing any required QDRO.
5.5 Debts. Responsibility for debts listed on Schedule F shall be assumed as allocated. Each Party indemnifies and holds the other harmless from debts assumed by that Party.
5.6 Omitted Assets. Any asset valued over [$____] not disclosed before execution may be re-opened by the Court for equitable division.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party has full legal capacity to execute and perform this Agreement.
4.2 Full Disclosure. Each Party represents that all assets, liabilities, income, and expenses have been fully and fairly disclosed.
4.3 No Undue Influence. Each Party enters this Agreement voluntarily, free of duress or undue influence.
4.4 Survival. The representations and warranties shall survive execution, Court approval, and entry of decree.

V. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute all instruments reasonably necessary to effectuate this Agreement (e.g., deeds, titles, QDROs).
5.2 Non-Disparagement. Neither Party shall make disparaging remarks about the other in the presence or hearing of the Child(ren).
5.3 Confidentiality. Except as required by law or Court order, the Parties shall keep the financial terms of this Agreement confidential.
5.4 Transfer Restrictions. Until all transfers contemplated herein are complete, neither Party shall encumber or dispose of any asset allocated to the other.

VI. DEFAULT & REMEDIES

6.1 Event of Default. Failure to perform any material obligation after [10] days’ written notice and opportunity to cure constitutes a default.
6.2 Remedies. The non-defaulting Party may seek:
(a) specific performance;
(b) contempt sanctions;
(c) money damages limited to the Marital Estate; and
(d) attorney fees and costs as provided in Section 6.3.
6.3 Attorney Fees & Costs. A defaulting Party shall pay reasonable attorney fees and costs incurred to enforce this Agreement.

VII. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Child(ren) (“Indemnified Party”) from any claim, debt, or liability which the Indemnifying Party assumed or created, including reasonable attorney fees.

7.2 Limitation of Liability

Except for indemnity obligations, willful misconduct, or obligations regarding child support, custody, and maintenance, each Party’s aggregate liability to the other is limited to the value of assets allocated to that Party under this Agreement (“Liability Cap”).

7.3 Force Majeure

A Party’s non-performance is excused during any period in which performance is impossible due to an event beyond reasonable control (e.g., natural disaster, war, governmental act); however, financial obligations (support, maintenance) are not excused but may be modified by the Court upon proper petition.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the domestic relations laws of the State of Montana.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [___th] Judicial District Court, [County] County, Montana.

8.3 Mediation. Except for emergencies, the Parties shall attempt in good faith to resolve disputes via mediation before seeking Court intervention.

8.4 Arbitration (Limited). By mutual written consent, disputes strictly relating to property valuation or allocation may be submitted to binding arbitration under the Montana Uniform Arbitration Act; issues concerning custody, child support, or maintenance shall not be arbitrated.

8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary restraining orders or protective orders under Mont. Code Ann. Title 40, Ch. 15.

8.6 Jury Waiver. Family-law matters are non-jury; to the extent a jury could otherwise be available, the Parties knowingly waive that right.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing signed by both Parties and, where required, approved by the Court. Waiver of any breach must be in writing and shall not constitute waiver of any other breach.

9.2 Assignment. Neither Party may assign rights or delegate duties hereunder without the other’s written consent, except as to estate executors upon death.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder shall be reformed to reflect the Parties’ intent and remain in effect.

9.5 Integration. This Agreement (including all Schedules and Exhibits) is the complete and exclusive statement of the Parties’ agreement and supersedes all prior understandings.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered by facsimile or secure electronic means shall be effective.

9.7 Headings. Headings are for convenience and do not affect interpretation.

9.8 Construction. No presumption shall arise favoring or disfavoring either Party by virtue of authorship; both Parties participated in drafting.

X. EXECUTION BLOCK & NOTARIZATION

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

NOTARY ACKNOWLEDGMENTS

[// GUIDANCE: While Montana does not absolutely require notarization for settlement agreements, notarization is strongly recommended to facilitate recording of real-property conveyances and to enhance enforceability.]

State of Montana )
:ss )
County of __ )

On this _ day of _, 20__, before me, a Notary Public in and for said State, personally appeared [Spouse A], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that _he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

Notary Public for the State of Montana
Printed Name: ___
My Commission Expires: ______

[Repeat acknowledgment for Spouse B]

SCHEDULES & EXHIBITS

• Schedule A – Spouse A Separate Property
• Schedule B – Spouse B Separate Property
• Schedule C – Marital Estate Assets to Spouse A
• Schedule D – Marital Estate Assets to Spouse B
• Schedule E – Jointly Retained Assets & Sale Procedures
• Schedule F – Allocation of Debts
• Exhibit P-1 – Parenting Time Calendar
• Exhibit P-2 – Holiday & Vacation Schedule
• Any Court-required financial affidavits

[// GUIDANCE: Attach completed schedules before submission. Be sure values align with child-support and maintenance calculations.]