DIVORCE SETTLEMENT AGREEMENT

(Separation Agreement and Property Settlement under N.C. Gen. Stat. §§ 52-10, 52-10.1)

[// GUIDANCE: This template is drafted for use in North Carolina. Replace every bracketed [PLACEHOLDER] with the parties’ particulars and adjust or delete any provisions that do not fit the facts of the case. Do not file this agreement with the court unless required for specific relief (e.g., incorporation into a divorce judgment).]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Separation & Consideration
   3.2 Property Division (Equitable Distribution)
   3.3 Spousal Support (Post-Separation/Alimony)
   3.4 Child Custody & Parenting Plan
   3.5 Child Support
   3.6 Allocation of Debts
   3.7 Taxes; Filing Status & Dependency Exemptions
   3.8 Insurance & Beneficiary Designations
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

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

1. [FULL LEGAL NAME], residing at [ADDRESS], hereinafter “Spouse A”; and
2. [FULL LEGAL NAME], residing at [ADDRESS], hereinafter “Spouse B,”

(each a “Party” and collectively the “Parties”).

Recitals

A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
B. The Parties separated on [DATE OF SEPARATION], having lived separate and apart since that date.
C. The Parties desire to settle fully and finally all rights and obligations arising from their marriage, including property division, spousal support, child custody, and child support, in accordance with North Carolina law, including without limitation N.C. Gen. Stat. §§ 50-13.2, 50-13.4, 50-16.3A, and 50-20.
D. The Parties each acknowledge that they have had the opportunity to seek independent legal counsel and enter this Agreement voluntarily, free of duress or coercion, and with full knowledge of their respective rights.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and releases herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Defined terms shall be equally applicable to singular and plural forms.

“Child(ren)” means [NAME(S) & DOB(S)].
“Court” means the General Court of Justice, District Court Division, State of North Carolina, [COUNTY] County.
“Equitable Distribution” has the meaning assigned under N.C. Gen. Stat. § 50-20.
“Marital Property” means all real and personal property acquired during the marriage and before the date of separation that is not Separate Property.
“Separate Property” means property defined as separate under N.C. Gen. Stat. § 50-20(b).
“Support Guidelines” refers to the North Carolina Child Support Guidelines in effect as of the Effective Date.
[Add additional definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Separation & Consideration

(a) The Parties confirm that they have lived separate and apart continuously since [DATE OF SEPARATION].
(b) The mutual promises herein constitute full and adequate consideration for this Agreement.

3.2 Property Division (Equitable Distribution)

(a) Classification. The Parties stipulate to the classification of property in Schedule 1 (Marital Property) and Schedule 2 (Separate Property).
(b) Distribution. Marital Property shall be distributed as set forth in Schedule 3. Each Party shall execute all conveyances or transfers necessary to effectuate such distribution within [30] days of the Effective Date.
(c) Waiver. Except as expressly provided, each Party waives any and all rights to the other’s Separate Property.
(d) Liens & Encumbrances. The Party receiving an asset shall assume and indemnify the other against all liens and encumbrances associated with that asset.

[// GUIDANCE: Ensure real property deeds are prepared for filing; reference legal descriptions precisely.]

3.3 Spousal Support (Post-Separation Support and/or Alimony)

(a) Obligation. [Spouse A/B] shall pay spousal support to [Spouse B/A] in the amount of $[AMOUNT] per [month], commencing [DATE], for a term of [TERM/LENGTH], subject to earlier termination upon:
(i) the recipient’s remarriage or cohabitation (N.C. Gen. Stat. § 50-16.9);
(ii) the death of either Party; or
(iii) further order of a court of competent jurisdiction.
(b) Method of Payment. Payments shall be made by [direct deposit/check] on or before the [DAY] of each month.
(c) Modifiability. The Parties [select one]:
• ☐ agree that spousal support is non-modifiable.
• ☐ agree that spousal support may be modified upon a substantial change of circumstances as provided by N.C. Gen. Stat. § 50-16.9.

3.4 Child Custody & Parenting Plan

(a) Legal Custody. The Parties shall have [joint/sole] legal custody of the Child(ren).
(b) Physical Custody & Schedule. See Schedule 4 for the detailed parenting time schedule.
(c) Decision-Making. Day-to-day decisions are made by the parent then exercising physical custody; major decisions (education, healthcare, religion, extracurricular) require mutual consent.
(d) Relocation. Neither Party shall relocate the Child(ren) more than [X] miles from [CURRENT CITY] without [90] days’ written notice and written consent of the other Party or court order.

[// GUIDANCE: Attach a holiday schedule and transportation allocation to Schedule 4.]

3.5 Child Support

(a) Calculation. Child support shall be paid pursuant to Worksheet [A/B/C] of the North Carolina Child Support Guidelines.
(b) Amount. [Spouse A/B] shall pay $[AMOUNT] per month to [Spouse B/A], commencing [DATE].
(c) Payment Method. Payments shall be made through [NC Child Support Centralized Collection] unless otherwise agreed in writing.
(d) Health Insurance. [Spouse A/B] shall maintain health, dental, and vision insurance for the Child(ren). Uninsured medical expenses shall be allocated [PERCENTAGE/Amt]/[PERCENTAGE/B] between the Parties.
(e) Modification. Child support may be reviewed and modified consistent with N.C. Gen. Stat. § 50-13.7 upon a substantial change of circumstances or statutory review period.

3.6 Allocation of Debts

(a) Marital Debts. Each Party shall be solely responsible for the debts assigned to them in Schedule 5 and shall indemnify the other from any liability therefor.
(b) Post-Separation Debts. Each Party is solely responsible for debts incurred in their own name after the date of separation.

3.7 Taxes; Filing Status & Dependency Exemptions

(a) Tax Year [YEAR]. The Parties [will/will not] file a joint federal and North Carolina state income tax return.
(b) Dependency Exemptions. The Parties agree that [Spouse A/B] shall claim the Child(ren) for tax years [YEARS] provided he/she is current on child support as of December 31 of each such year.
(c) Indemnity. Each Party shall indemnify the other from tax liabilities arising from their respective post-separation income and deductions.

3.8 Insurance & Beneficiary Designations

(a) Life Insurance. Each Party shall maintain life insurance in the face amount of $[AMOUNT], naming the other Party as trustee for the benefit of the Child(ren) for so long as a party has a support obligation.
(b) COBRA/Health Insurance Continuation. [Spouse B/A] may elect continuation coverage at his/her sole cost pursuant to federal law.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that they have fully disclosed all assets, liabilities, and income.
4.2 Independent Counsel. Each Party acknowledges the opportunity to obtain independent legal advice and that failure to do so constitutes a knowing waiver.
4.3 No Undue Influence. This Agreement is entered into voluntarily, without duress or coercion.
4.4 Capacity. Each Party has the legal capacity to enter into and perform this Agreement.

Representations and warranties shall survive execution and delivery of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren) or on social media.
5.2 Confidentiality. The Parties shall keep financial terms confidential except as required by law or to enforce this Agreement.
5.3 Notice of Material Change. Each Party shall notify the other within [10] days of any material change affecting support obligations (e.g., job loss, income increase >15%).
5.4 Residency Covenant. Each Party shall maintain residency in North Carolina for at least [X] months following the Effective Date unless the Court approves relocation.

6. DEFAULT & REMEDIES

6.1 Event of Default. Failure to perform any material obligation, including but not limited to payment of support or transfer of property, after [10] days’ written notice and opportunity to cure, constitutes a default.
6.2 Graduated Remedies. Upon default, the non-defaulting Party may:
(a) seek specific performance;
(b) obtain a money judgment for sums due plus statutory interest;
(c) seek attorney’s fees and costs pursuant to N.C. Gen. Stat. § 50-13.6 or § 50-16.4; and/or
(d) pursue any other remedy available at law or equity.
6.3 Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnity. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and their respective heirs and assigns from any claim, loss, or liability arising from the Indemnifying Party’s breach of this Agreement or the debts and obligations allocated to them herein.
7.2 Limitation of Liability. Liability of either Party for breach of this Agreement shall, in the aggregate, not exceed the value of that Party’s distributed Marital Property as reflected in Schedule 3.
7.3 Force Majeure. No Party shall be liable for delay or failure to perform resulting from acts beyond their reasonable control (e.g., natural disasters); provided such Party gives notice within [10] days of the event and resumes performance promptly thereafter.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of North Carolina.
8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the District Court Division, [COUNTY] County, North Carolina.
8.3 Arbitration (Limited). The Parties may, by written agreement after a dispute arises, submit property or support disputes (excluding custody) to binding arbitration under N.C. Rev. Stat. Chapter 1, Article 45C. Custody matters remain subject to the Court’s exclusive jurisdiction.
8.4 Restraining Orders & Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent restraining orders or other injunctive relief to protect the welfare of the Child(ren) or to preserve marital assets.

[// GUIDANCE: Jury trials are not available in family court; no jury waiver clause needed.]

9. GENERAL PROVISIONS

9.1 Entire Agreement. This document constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements.
9.2 Amendment & Waiver. No amendment or waiver shall be effective unless in writing signed by both Parties.
9.3 Severability. If any provision is 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 enforceable.
9.4 Assignment. Rights and obligations hereunder are personal and may not be assigned without written consent, except obligations relating to property already transferred.
9.5 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original for all purposes under the North Carolina Uniform Electronic Transactions Act.
9.7 Headings. Headings are for convenience only and do not affect interpretation.
9.8 Acknowledgment of Understanding. EACH PARTY ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND BELIEVE IT TO BE FAIR, JUST, AND REASONABLE.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARIZATION – Recommended for recordability under N.C. Gen. Stat. §§ 52-10, 52-10.1]

State of North Carolina )
County of [_____ ] )

I, [NOTARY NAME], a Notary Public in and for said County and State, certify that [NAME] personally appeared before me this day and acknowledged the due execution of the foregoing Divorce Settlement Agreement.

Witness my hand and official seal this ___ day of _, 20.

Notary Public
My Commission Expires: _____

SCHEDULES

Schedule 1 – Inventory of Marital Property
Schedule 2 – Inventory of Separate Property
Schedule 3 – Distribution of Marital Property
Schedule 4 – Parenting Time Schedule & Holiday Rotation
Schedule 5 – Allocation of Marital Debts

[// GUIDANCE: Insert detailed exhibits with sufficient specificity (e.g., VIN for vehicles, last four digits of account numbers). Attach appraisal reports if available to support equitable distribution values.]

© [YEAR] – Template prepared by [LAW FIRM/ATTORNEY NAME]. All rights reserved. This template is provided for informational purposes and does not constitute legal advice.