MARITAL SETTLEMENT AGREEMENT

(State of Nebraska)

[// GUIDANCE: This form is drafted for use in uncontested or partially-contested dissolutions of marriage filed in Nebraska state court. It is designed to be attached to, or incorporated into, the parties’ Decree of Dissolution. Bracketed items are intended for attorney customization. Remove all guidance comments before filing.]

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 and Parties
   1.1 This Marital Settlement Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   (a) [HUSBAND FULL LEGAL NAME], [date of birth], currently residing at [address] (“Husband”); and
   (b) [WIFE FULL LEGAL NAME], [date of birth], currently residing at [address] (“Wife,” and together with Husband, the “Parties,” and each a “Party”).

2. Recitals
   2.1 The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE] (“Marriage”).
   2.2 Irreconcilable differences have arisen between the Parties, and they desire to settle fully and finally all rights and obligations arising from their Marriage, including property division, support, and allocation of parental responsibilities.
   2.3 Each Party has had the opportunity to seek independent legal counsel and financial advice, has conducted reasonable discovery, and enters into this Agreement knowingly, voluntarily, and without undue influence.

3. Jurisdiction
   3.1 This Agreement is governed by and construed in accordance with the domestic relations laws of the State of Nebraska.
   3.2 The Parties acknowledge that the [NAME OF COUNTY] District Court, Nebraska (the “Family Court”) has exclusive subject-matter jurisdiction over their dissolution action, docket number [COURT CASE NO.].

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Child(ren)” means [CHILD FULL NAME], date of birth [DOB], and [add additional children as needed].
“Child Support” has the meaning set forth in Section 3.6.
“College Expense” has the meaning set forth in Section 3.7.
“Custodial Parent” means the parent with whom the Child(ren) reside(s) for a majority of parenting time in a calendar year.
“Marital Assets” and “Marital Debts” refer to all property and liabilities determined to be marital under applicable Nebraska law.
“Parenting Plan” has the meaning set forth in Section 3.5.
“Separate Property” means property determined not to be marital under applicable Nebraska law.

[// GUIDANCE: Add/delete defined terms to match customization.]

III. OPERATIVE PROVISIONS

3.1 Dissolution and Incorporation
(a) The Parties agree to cooperate in obtaining a Decree of Dissolution incorporating, but not merging, this Agreement.
(b) Except as expressly merged by court order, this Agreement survives as an independent contract enforceable in equity and at law.

3.2 Property Division
(a) Equalization Method. The Parties acknowledge Nebraska’s equitable-distribution framework and, after full disclosure, agree that the division herein is fair and equitable.
(b) Allocation. Exhibit A (Assets Schedule) and Exhibit B (Debts Schedule) set forth all Marital Assets and Marital Debts and their allocations.
(c) Transfer Mechanics. Each Party shall execute all documents reasonably required to transfer title within [30] calendar days of the Effective Date or court approval, whichever is later.
(d) Omitted Assets. Any marital asset or debt omitted through mutual mistake shall be divided equally unless otherwise agreed in writing or ordered by the Family Court.

3.3 Separate Property
All Separate Property listed in Exhibit C is confirmed to the titled Party free of any claim by the other.

3.4 Spousal Support (Alimony)
(a) Waiver or Obligation. [Choose one: “Each Party waives and relinquishes any and all rights to receive spousal support from the other.” OR “Husband/Wife shall pay rehabilitative spousal support of $ per month for ___ months, commencing on .”]
(b) Modification. Spousal support shall be non-modifiable except upon the occurrence of a material and substantial change in circumstances as defined under Nebraska law.
(c) Termination. Support shall terminate upon: (i) the recipient’s remarriage; (ii) either Party’s death; or (iii) court order.

3.5 Custody & Parenting Plan
(a) Best-Interests Standard. The Parties acknowledge Nebraska’s best-interests-of-the-child standard and agree the Parenting Plan attached as Exhibit D meets that standard.
(b) Legal Custody. [Joint / Sole] legal custody is granted to [both Parties / specify parent].
(c) Physical Custody & Parenting Time. Parenting time is allocated as set forth in Exhibit D.
(d) Relocation. A parent intending to relocate the Child(ren)’s principal residence more than [X] miles from [CURRENT CITY] shall provide at least [60] days’ written notice and comply with Nebraska relocation statutes.

3.6 Child Support
(a) Determination. Child Support shall be calculated pursuant to the Nebraska Child Support Guidelines in effect at the time of calculation. The guideline worksheet is attached as Exhibit E.
(b) Payment. [Payor Parent] shall pay $[AMOUNT] per month, due on the [1st] day of each month, by income withholding through the Nebraska Child Support Payment Center.
(c) Adjustment. Child Support shall be reviewed every [24] months or upon a material change in circumstances as defined by the Guidelines.
(d) Termination. Obligations terminate upon a Child’s emancipation under Nebraska law, but arrears shall survive.

3.7 Health Insurance & Uninsured Medical Expenses
(a) Coverage. [Specify parent] shall maintain comprehensive medical, dental, and vision insurance for the Child(ren).
(b) Cost Sharing. Uninsured medical expenses shall be paid [percentage split, e.g., 50/50] within [30] days of receipt of documentation.

3.8 College Expenses
[Optional clause: Outline contribution percentages, duration, and definition of “college.”]

3.9 Tax Matters
(a) Dependency Exemptions. The Parties shall alternate claiming the Child(ren) as dependents beginning calendar year [YEAR] with [Parent] having odd-numbered years.
(b) Filing Status. Each Party shall file separate tax returns for the year of dissolution unless otherwise permissible and agreed in writing.
(c) Indemnity. Each Party indemnifies the other for pre-Effective-Date tax liabilities arising from separate filings.

3.10 Life Insurance
Each Party shall maintain life insurance in the face amount of $[AMOUNT] naming the Child(ren) (or a trust for their benefit) as irrevocable beneficiaries until the youngest Child reaches age [19/majority].

3.11 Conditions Precedent
Court approval of this Agreement is a condition precedent to its enforceability regarding child-related provisions.

IV. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that all assets, liabilities, income, and expenses have been fully disclosed.
4.2 Capacity & Authority. Each Party has the legal capacity and authority to enter into and perform this Agreement.
4.3 No Undue Influence. Each Party warrants that this Agreement is executed freely, without fraud, duress, coercion, or undue influence.
4.4 Independent Counsel. Each Party has had the opportunity to consult independent counsel of their choice and either has done so or knowingly waives such right.
4.5 Survival. The representations and warranties in this Article IV shall survive the Effective Date and the entry of the Decree.

V. COVENANTS & RESTRICTIONS

5.1 Non-Interference with Custody. Neither Party shall interfere with the other’s rights and duties under the Parenting Plan.
5.2 Harmful Conduct. Both Parties shall refrain from disparaging the other Party in the presence or hearing of the Child(ren) and from exposing the Child(ren) to domestic conflict or abuse.
5.3 Financial Cooperation. Each Party shall execute any instruments necessary to effectuate the property division, including titles, deeds, qualified domestic relations orders (“QDROs”), or beneficiary designation forms.
5.4 Notice of Change. A Party shall provide written notice to the other within [10] days of any change of residence, employment, or contact information.
5.5 Confidentiality. Except as required by law or court order, the Parties shall keep the financial terms of this Agreement confidential.

VI. DEFAULT & REMEDIES

6.1 Events of Default
(a) Failure to Pay any monetary obligation within [10] days after its due date.
(b) Refusal to execute required transfer documents.
(c) Violation of Parenting Plan or non-payment of Child Support as determined by the Family Court.

6.2 Notice & Cure
The non-defaulting Party shall provide written notice specifying the default and allowing [15] days to cure, except in emergencies involving child safety.

6.3 Remedies
(a) Specific performance, contempt, wage withholding, or income assignment.
(b) Offset against any outstanding obligations due to the defaulting Party.
(c) Attorney’s Fees: The defaulting Party shall pay all reasonable attorney’s fees and costs incurred in enforcement.
(d) Reserved Jurisdiction: The Family Court retains continuing jurisdiction to enter supplemental orders.

VII. RISK ALLOCATION

7.1 Mutual Indemnity
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and their heirs (“Indemnified Party”) from and against all claims, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of: (i) the Indemnifying Party’s breach of this Agreement; or (ii) any debt or obligation allocated to the Indemnifying Party herein.

7.2 Limitation of Liability
Except for intentional misconduct, gross negligence, or obligations relating to child support, custody, or taxes, each Party’s aggregate liability to the other is limited to the value of that Party’s allocated Marital Assets as of the Effective Date.

7.3 Force Majeure
A Party shall not be liable for delays or failures in performance (excluding monetary obligations) resulting from acts of God, war, pandemic, governmental action, or other events beyond the Party’s reasonable control, provided timely notice is given and reasonable mitigation efforts are undertaken.

7.4 Insurance Requirements
Each Party shall maintain homeowners or renters, automobile, and umbrella liability coverage in customary amounts for so long as any joint obligation remains outstanding.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement, and any dispute arising out of it, shall be governed by the laws of the State of Nebraska without regard to conflict-of-law principles.

8.2 Forum Selection
Exclusive jurisdiction and venue lie in the [NAME OF COUNTY] District Court, Nebraska, Family Division.

8.3 Mediation
Prior to filing any post-decree motion (except for emergencies), the Parties shall submit the dispute to mediation in accordance with the Nebraska Parenting Act Mediation Rules.

8.4 Arbitration (Limited)
The Parties may, by subsequent written agreement, submit property or spousal-support disputes (but not child-related issues) to binding arbitration under the Nebraska Uniform Arbitration Act.

8.5 Injunctive Relief
Either Party may seek temporary or permanent restraining orders to protect personal safety or to prevent dissipation of assets, without prejudice to other remedies.

8.6 No Jury Trial
The Parties acknowledge that dissolution matters are tried to the court; accordingly, no jury trial right exists or is herein waived.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision shall be effective unless in a writing signed by both Parties and, where required, approved by the Family Court.

9.2 Assignment
Neither Party may assign or delegate any right or duty under this Agreement without the prior written consent of the other, except that benefits for the Child(ren) may be assigned to any successor trust or custodian.

9.3 Successors & Assigns
This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court may reform the invalid provision to reflect the Parties’ original intent as nearly as possible.

9.5 Integration
This Agreement (including all Exhibits) constitutes the entire understanding between the Parties and supersedes all prior agreements, representations, and negotiations, whether written or oral, regarding the subject matter herein.

9.6 Counterparts & Electronic Signatures
This Agreement may be executed in multiple counterparts, each deemed an original, all of which constitute one instrument. Signatures transmitted by facsimile, PDF, or compliant e-signature technology shall be deemed originals.

X. EXECUTION BLOCK

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

[// GUIDANCE: Add extra signature lines for counsel if desired.]

NOTARY ACKNOWLEDGMENT

State of Nebraska )
: ss. )
County of [__] )

On this ___ day of __, 20, before me, a Notary Public in and for said county and state, personally appeared [HUSBAND NAME] and [WIFE NAME], known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

Notary Public
My commission expires: _____

EXHIBITS (Sample Index)

• Exhibit A – Schedule of Marital Assets and Allocation
• Exhibit B – Schedule of Marital Debts and Allocation
• Exhibit C – Schedule of Separate Property
• Exhibit D – Parenting Plan & Holiday Schedule
• Exhibit E – Nebraska Child Support Worksheet
• Exhibit F – QDRO Template(s) (if applicable)

[// GUIDANCE: Ensure all schedules are attached and internally cross-referenced before filing.]

[// GUIDANCE: REVIEW CHECKLIST
☐ Verify county of filing, case number, and judge.
☐ Reconcile asset values and equalization payments in Exhibits A & B.
☐ Confirm Child Support calculations conform to most current Nebraska guidelines.
☐ Attach Parenting Plan meeting Nebraska Parenting Act requirements.
☐ Remove guidance comments prior to execution and filing.]