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Divorce Settlement Agreement
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MARITAL SETTLEMENT AGREEMENT

(State of Oklahoma – Court‐Ready Template)

[// GUIDANCE: This template is designed for use in Oklahoma (“OK”) dissolutions of marriage. It reflects current, foundational statutory requirements found primarily in Title 43 of the Oklahoma Statutes and is structured for immediate attorney customization. All bracketed items must be completed, deleted or modified before execution. Counsel should verify that no subsequent statutory amendments have altered cited provisions.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   A. Property Division
   B. Debt Allocation
   C. Spousal Support (Alimony)
   D. Child Custody & Parenting Plan
   E. Child Support
   F. Tax Matters
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block


I. DOCUMENT HEADER

1.1 Title.
MARITAL SETTLEMENT AGREEMENT (the “Agreement”).

1.2 Parties.
This Agreement is entered into by and between [FULL LEGAL NAME OF SPOUSE 1], Social Security No. [XXX-XX-XXXX], residing at [ADDRESS] (“Spouse 1”), and [FULL LEGAL NAME OF SPOUSE 2], Social Security No. [XXX-XX-XXXX], residing at [ADDRESS] (“Spouse 2”) (collectively, the “Parties”).

1.3 Effective Date.
This Agreement shall become effective on the later of (a) [DATE], or (b) the date the District Court in and for [COUNTY] County, Oklahoma enters a Final Decree of Dissolution of Marriage incorporating this Agreement by reference (the “Effective Date”).

1.4 Recitals.
A. The Parties were lawfully married on [DATE] in [CITY, STATE] and separated on or about [DATE].
B. An action for dissolution of marriage, styled In re Marriage of [PARTIES], Case No. [XXXX], is now pending in the District Court of [COUNTY] County, Oklahoma (the “Family Court”).
C. Each Party has made a full and complete disclosure of all assets, liabilities, income, and expenses to the other.
D. The Parties desire to resolve all matters arising out of their marriage and its dissolution, including custody, support, property division, and all other rights and obligations, in a fair and equitable manner under Oklahoma law.
E. In consideration of the mutual covenants set forth herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.


II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms defined appear alphabetically and are intended to be used consistently throughout this Agreement.

“Agreement” has the meaning set forth in §1.1.

“Child Support Guidelines” means the Oklahoma statutory child-support guidelines codified at Okla. Stat. tit. 43, §§ 118–118I (2024).

“Children” means the minor child(ren) of the marriage, specifically: [FULL NAME, DOB], [add additional children as necessary].

“Court” or “Family Court” means the District Court of [COUNTY] County, Oklahoma, Family Division.

“Custody Order” has the meaning set forth in §3.4.1.

“Marital Estate” means all Marital Property and Marital Debts, collectively.

“Marital Property” means all property acquired by either Party during the marriage that is not Separate Property, in accordance with Okla. Stat. tit. 43, § 121 (2024).

“Marital Debts” means all liabilities incurred by either Party during the marriage that are not Separate Debts.

“Parenting Plan” has the meaning set forth in §3.4.2.

“Separate Property” means property that is (a) owned prior to marriage, (b) acquired by gift or inheritance, or (c) expressly designated herein as Separate Property.

“Separate Debts” means liabilities incurred prior to marriage or clearly attributable to a Party’s Separate Property.

[// GUIDANCE: Add or delete defined terms to match deal-specific drafting. Cross-check for consistency.]


III. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 Division Standard.
Pursuant to Okla. Stat. tit. 43, § 121, the Parties acknowledge that Oklahoma follows an equitable-distribution (not community-property) regime. The Parties deem the division set forth below to be just, reasonable, and in conformity with said statute.

3.1.2 Allocation of Marital Property.
A. Real Property.
1. [PRIMARY RESIDENCE ADDRESS] shall be deeded to [Spouse 1/Spouse 2] within [30] days after the Effective Date. Contemporaneously, the grantee shall execute a mortgage assumption or refinance, releasing the other Party from liability within [90] days.
2. [Other real estate, if any] – see Schedule A.

B. Retirement & Investment Accounts.
1. [PLAN NAME] (Last four digits [xxxx]) – to be divided via Qualified Domestic Relations Order (“QDRO”) with [percentage or dollar amount] to [Spouse 1/Spouse 2].
2. Brokerage Account [#] – awarded to [Spouse 1/Spouse 2].

C. Personal Property.
1. Household goods per mutually executed Inventory (Schedule B).
2. Vehicles:
a. [Year/Make/Model – VIN] to [Spouse 1/Spouse 2];
b. [etc.]

D. Business Interests.
Each Party shall retain 100% ownership of any closely-held business listed as Separate Property in Schedule C, free of any claim by the other.

[// GUIDANCE: Include schedules as exhibits to simplify court review and minimize drafting errors.]

3.1.3 Valuation Date.
Unless otherwise specified, assets and debts are valued as of [DATE].

3.1.4 Equalization Payment.
If, after allocation, the net value awarded to either Party exceeds the other by more than $[AMOUNT], the advantaged Party shall pay a tax-neutral equalization payment of $[AMOUNT] to the disadvantaged Party within [30] days of the Effective Date.

3.2 Debt Allocation

3.2.1 Assigned Debts.
A. [CREDITOR NAME – ACCOUNT #] – sole responsibility of [Spouse 1/Spouse 2].
B. [Student Loan] – allocated as a Separate Debt to [Spouse 1/Spouse 2].

3.2.2 Hold Harmless.
Each Party shall indemnify, defend, and hold the other harmless against any claim, cost, or liability arising from the debts allocated to the indemnifying Party.

3.3 Spousal Support (Alimony)

3.3.1 Type and Amount.
Beginning [DATE], [Spouse 1/Spouse 2] shall pay to the other spousal support in the amount of $[AMOUNT] per [month], payable on the [1st] day of each month for [NUMBER] months.

3.3.2 Termination.
Spousal support shall terminate on the earliest of:
a. Expiration of the stated term;
b. Death of either Party;
c. Remarriage or cohabitation of the obligee as defined in Okla. Stat. tit. 43, § 134.

3.3.3 Modifiability.
Spousal support is [modifiable/non-modifiable] pursuant to Okla. Stat. tit. 43, § 134.

3.4 Child Custody & Parenting Plan

[// GUIDANCE: Custody arrangements in Oklahoma must promote the best interests of the child(ren) per Okla. Stat. tit. 43, § 112.5. Joint legal custody is favored when feasible.]

3.4.1 Custody.
The Parties agree to [Joint/Primary] legal custody and [Joint/Primary] physical custody of the Children (the “Custody Order”).

3.4.2 Parenting Plan.
A comprehensive Parenting Plan, attached as Schedule D, shall govern parenting time, holiday schedules, exchanges, decision-making protocols, and communication methods.

3.4.3 Relocation.
Neither parent shall relocate the primary residence of the Children more than [75] miles for longer than [60] consecutive days without complying with the notice provisions of Okla. Stat. tit. 43, § 112.3.

3.4.4 Parenting Education Compliance.
Both Parties shall complete the mandatory parenting-education program required by Okla. Stat. tit. 43, § 107.2 within [45] days of the Effective Date and file certificates of completion.

3.5 Child Support

3.5.1 Guideline Calculation.
Child support shall be calculated under the Child Support Guidelines based on the Parties’ gross monthly incomes of $[AMT] (Spouse 1) and $[AMT] (Spouse 2), resulting in a guideline obligation of $[AMT] per month by [Obligor].

3.5.2 Payment Terms.
Payments shall be made through the Oklahoma Centralized Support Registry pursuant to Okla. Stat. tit. 43, § 413, commencing [DATE].

3.5.3 Health Insurance & Uncovered Expenses.
a. [Spouse 1/Spouse 2] shall maintain health insurance for the Children and provide proof annually.
b. Uncovered medical/dental/vision expenses shall be split [percentage split, e.g., 60/40] within 30 days of receipt.

3.5.4 Modification.
Child support may be reviewed and modified upon a material change in circumstances in accordance with Okla. Stat. tit. 43, § 112(A)(2).

3.6 Tax Matters

3.6.1 Filing Status.
For tax year [YEAR], the Parties shall file [married filing jointly/separately]. Thereafter, each Party shall file individually.

3.6.2 Dependency Exemptions.
The Parties shall alternate the dependency exemption(s) for the Children, with [Spouse 1/Spouse 2] claiming [Child Name(s)] in [even/odd] tax years, provided the claiming parent is current on child support.


IV. REPRESENTATIONS & WARRANTIES

4.1 Authority.
Each Party represents that he/she has the legal capacity and authority to enter into this Agreement and that no bankruptcy, assignment for benefit of creditors, or similar proceeding is pending.

4.2 Full Disclosure.
Each Party warrants that all assets, liabilities, income, and expenses have been fully disclosed. Omission of any material asset or debt may constitute fraud and entitle the aggrieved Party to seek judicial relief.

4.3 Independent Counsel.
Each Party acknowledges an opportunity to seek independent legal counsel and executes this Agreement voluntarily, free of duress.

4.4 Survival.
The representations and warranties in this Article IV shall survive the Effective Date and the entry of the Final Decree.


V. COVENANTS & RESTRICTIONS

5.1 Transfer Documents.
Each Party shall, within the timeframes herein, execute all deeds, titles, QDROs, and other instruments necessary to effectuate this Agreement.

5.2 Non-Disparagement.
The Parties shall refrain from disparaging one another, especially in the presence or hearing of the Children.

5.3 Confidentiality.
Except as required by law or Court order, the Parties shall keep the terms of this Agreement confidential.

5.4 No Harassment or Interference.
The Parties covenant not to harass, intimidate, or interfere with the other’s privacy, employment, or social relationships.


VI. DEFAULT & REMEDIES

6.1 Event of Default.
A Party is in default if he/she fails to perform any material obligation under this Agreement and such failure is not cured within [15] days after written notice.

6.2 Remedies.
Upon default, the non-defaulting Party may:
a. Seek specific performance or contempt in the Family Court;
b. Recover attorney fees and costs per Okla. Stat. tit. 43, § 112.6;
c. Avail himself/herself of remedies in §7 (Indemnification & Liability Caps).

6.3 Cumulative Remedies.
Remedies are cumulative and not exclusive.


VII. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold the other Party harmless from any claim, liability, or expense (including reasonable attorney fees) arising out of, relating to, or resulting from:
a. The Indemnifying Party’s breach of this Agreement;
b. The Indemnifying Party’s assigned Marital Debts or Separate Debts;
c. Any misrepresentation regarding disclosure of assets or liabilities.

7.2 Liability Cap

Except for intentional misconduct or concealment of assets, each Party’s aggregate liability under this Agreement shall not exceed the net value of his/her awarded share of the Marital Estate as of the Valuation Date.

7.3 Force Majeure

Neither Party shall be liable for delay or non-performance caused by events beyond reasonable control, including acts of God, governmental restrictions, or similar force-majeure events, provided the affected Party gives prompt notice and resumes performance as soon as practicable.


VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Agreement and any dispute hereunder shall be governed by the domestic-relations laws of the State of Oklahoma.

8.2 Forum Selection.
Exclusive jurisdiction and venue lie in the District Court of [COUNTY] County, Oklahoma, Family Division, and the Parties consent to same.

8.3 Mediation.
Prior to initiating court enforcement (except in emergencies), the Parties shall attempt good-faith mediation with a mutually agreed mediator. Costs shall be shared [50/50].

8.4 Limited Arbitration.
Subject to Oklahoma’s Uniform Arbitration Act, Okla. Stat. tit. 12, §§ 1851–1881, the Parties may submit disputes concerning property valuation, allocation, or post-decree accounting to binding arbitration. Issues of custody, visitation, and child support are excluded from arbitration.

8.5 Injunctive Relief.
Nothing herein limits either Party’s right to seek emergency injunctive relief or a protective order pursuant to Okla. Stat. tit. 22, § 60 et seq.

[// GUIDANCE: Oklahoma prohibits jury trials in domestic-relations matters; therefore, no jury-waiver clause is included.]


IX. GENERAL PROVISIONS

9.1 Amendment.
This Agreement may be amended only by a written instrument signed by both Parties and, if pertaining to custody or support, approved by the Court.

9.2 Waiver.
No waiver of any breach shall be deemed a waiver of any subsequent breach.

9.3 Assignment.
Neither Party may assign or delegate rights or obligations under this Agreement without prior written consent of the other, except by operation of law.

9.4 Severability.
If any provision is deemed invalid or unenforceable, the remainder shall be construed to give maximum lawful effect to Party intent.

9.5 Integration.
This Agreement, including all Schedules and Exhibits, constitutes the entire understanding of the Parties and supersedes all prior agreements, written or oral.

9.6 Successors & Assigns.
This Agreement binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.7 Counterparts; Electronic Signatures.
This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals.


X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.


[NAME OF SPOUSE 1] (“Spouse 1”)
Date: _____


[NAME OF SPOUSE 2] (“Spouse 2”)
Date: _____

STATE OF OKLAHOMA )
COUNTY OF __ ) ss.

This instrument was acknowledged before me on the _ day of _, 20__, by [NAME OF SPOUSE 1].


Notary Public
My Commission Expires: _
Commission No.:
_______

STATE OF OKLAHOMA )
COUNTY OF __ ) ss.

This instrument was acknowledged before me on the _ day of _, 20__, by [NAME OF SPOUSE 2].


Notary Public
My Commission Expires: _
Commission No.:
_______


SCHEDULES & EXHIBITS (Enumerated for Filing)

• Schedule A – Real Property Legal Descriptions
• Schedule B – Household Inventory
• Schedule C – Separate Business Interests
• Schedule D – Parenting Plan
• Schedule E – Child Support Guideline Worksheet
• Schedule F – QDRO(s)

[// GUIDANCE: Attach completed schedules before submitting to the Court. Ensure real-property descriptions match the recorded deeds verbatim.]


END OF DOCUMENT

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