MARRIAGE SETTLEMENT AGREEMENT

(Oregon Dissolution of Marriage)

Table of Contents

I. Document Header
II. Definitions
III. Operative Provisions
    A. Property Division
    B. Spousal Support
    C. Child Custody & Parenting Plan
    D. Child Support
    E. Insurance Obligations
    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

This Marriage Settlement Agreement (the “Agreement”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [FULL LEGAL NAME], residing at [ADDRESS] (“Petitioner”), and [FULL LEGAL NAME], residing at [ADDRESS] (“Respondent”). Petitioner and Respondent are each a “Party” and collectively, the “Parties.”

Recitals

A. The Parties were lawfully married on [DATE] in [CITY, STATE].
B. The marriage has become irretrievably broken.
C. A Petition for Dissolution of Marriage has been or will be filed in the Circuit Court of the State of Oregon for the County of [COUNTY] (the “Family Court”) under Case No. [CASE NUMBER].
D. ORS 107.105 authorizes the court to enter a judgment incorporating the terms of a settlement agreement found to be “just and proper.”
E. The Parties desire to settle fully and finally all issues pertaining to property division, spousal support, child custody, parenting time, child support, liabilities, and any other rights or obligations arising out of their marital relationship.

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

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Defined terms appear alphabetically for ease of reference.

1. “Agreement” has the meaning set forth in the Document Header.
2. “Arbitrable Issue(s)” means any dispute expressly designated as subject to arbitration under Section VIII.B.
3. “Child(ren)” means the Parties’ minor child(ren): [NAME(S) & DOB(S)].
4. “Family Court” has the meaning set forth in Recital C.
5. “Marital Assets” means all property subject to division under ORS 107.105(1)(f), whether titled individually or jointly, acquired from the date of marriage through the Effective Date, excluding Separate Property.
6. “Marital Debts” means all liabilities incurred by either Party from the date of marriage through the Effective Date, other than Separate Debt.
7. “Marital Residence” means the real property located at [ADDRESS], legally described in Exhibit A.
8. “Oregon Child Support Guidelines” means the guidelines codified at ORS 25.270 et seq. and implementing regulations (OAR 137-050).
9. “Parenting Plan” means the comprehensive parenting schedule and decision-making protocol set forth in Section III.C and Exhibit B.
10. “Separate Property” means property excluded from division pursuant to ORS 107.105(1)(f) (e.g., gifts, inheritances) as specifically identified in Schedule 1.
11. “Separate Debt” means liabilities specifically allocated to one Party under Section III.A.5.
12. “Spousal Support” means any payments described in Section III.B.
13. “Support Termination Event” means the earliest to occur of (i) death of either Party, (ii) remarriage of Recipient, or (iii) further order of the Family Court.

[// GUIDANCE: Add or remove defined terms to match customized provisions. Ensure all capitalized terms are used consistently.]

III. OPERATIVE PROVISIONS

A. Property Division

1. General Standard. Pursuant to ORS 107.105(1)(f), the Parties agree that the allocations below are “just and proper” in all circumstances and shall be final, binding, and non-modifiable except by written agreement or court order.

2. Real Property.
   a. Marital Residence. The Marital Residence is awarded to [AWARDEE: Petitioner/Respondent] subject to the mortgage held by [LENDER]. The awardee shall:
   i. Refinance or otherwise remove the non-awardee’s name from all encumbrances within [___] days of the Effective Date; and
   ii. Pay the non-awardee an equalizing payment of $[AMOUNT] on or before [DATE].
   b. Other Real Property. See Schedule 2 for additional parcels and allocations.

3. Personal Property. Household goods, furnishings, vehicles, and other tangible personal property shall be divided in accordance with Schedule 3, which the Parties warrant is equitable.

4. Financial Accounts. Allocation of bank, brokerage, and cryptocurrency accounts shall be as set forth in Schedule 4. Each Party shall execute all transfer documents within [___] days.

5. Debts.
   a. Marital Debts are allocated as follows:
   • [CREDITOR/ACCOUNT] – [Party]; balance as of [DATE]: $[AMOUNT]
   b. Each Party shall indemnify and hold harmless the other from any liability, cost, or expense arising out of debts allocated to that Party. See Section VII.A (Mutual Indemnity).

6. Retirement & Deferred Compensation. Retirement assets shall be divided pursuant to Qualified Domestic Relations Orders (QDROs) prepared at [Party]’s expense. See Schedule 5.

7. Future Acquired Property. Property acquired by either Party after the Effective Date shall be that Party’s sole and separate property.

[// GUIDANCE: Attach valuation statements or appraisals as Exhibits when available.]

B. Spousal Support

1. Type. The Parties agree that [TRANSITIONAL / COMPENSATORY / MAINTENANCE] support, as defined in ORS 107.105(1)(d), is appropriate.

2. Amount & Duration.
   a. Payor: [Petitioner/Respondent] (“Payor”)
   b. Recipient: [Petitioner/Respondent] (“Recipient”)
   c. Monthly Amount: $[AMOUNT]
   d. Payment Date: On or before the [___] day of each month, commencing [DATE]
   e. Term: [___] months from the first payment date, unless earlier terminated upon a Support Termination Event.

3. Tax Treatment. Consistent with current federal law (IRC § 71 repealed), spousal support is [non-deductible and non-includible] to the Recipient. The Parties shall adjust if federal law changes.

4. Adjustment & Security.
   a. Cost-of-living adjustment: [Yes / No] at [__]% annually.
   b. Security Interest: Payor shall maintain life insurance in the amount of [coverage] naming Recipient as beneficiary until support obligations cease.

5. Non-Modifiability. Spousal support [is / is not] modifiable pursuant to ORS 107.135.

C. Child Custody & Parenting Plan

1. Legal Custody. The Parties agree to [Joint / Sole] legal custody of the Child(ren) consistent with ORS 107.137 and the Child’s best interests.

2. Parenting Time Schedule. The detailed Parenting Plan attached as Exhibit B is incorporated herein. Key provisions include:
   a. Regular Weekday/Weekend schedule
   b. Holiday rotation
   c. Vacation scheduling procedures

3. Decision-Making. If joint legal custody is selected, the Parties shall confer in good faith on major decisions (education, medical, religion). If impasse persists for more than [__] days, mediation under Section VIII.B.1 is mandatory prior to court filing.

4. Relocation. A relocating parent must provide [__] days’ written notice pursuant to ORS 109.767; objections shall be resolved in Family Court.

5. Dispute Resolution. Parenting disputes shall be addressed through the tiered process in Section VIII.B.1 before litigation.

[// GUIDANCE: Attach statutory Parenting Plan form required by local county rules, if any.]

D. Child Support

1. Guideline Calculation. Child support shall be calculated under the Oregon Child Support Guidelines using the data in Worksheet CSG-1. Presumptive support = $[AMOUNT] per month.

2. Payment & Withholding. Support shall be paid through the Oregon Child Support Program via income withholding, ORS 25.378, unless both Parties opt out and the court approves.

3. Health Insurance & Unreimbursed Expenses.
   a. Insurance Carrier: [PARTY] shall maintain coverage.
   b. Unreimbursed Expenses: Allocated [ALLOCATION %] Petitioner / [ALLOCATION %] Respondent.

4. Modification. Either Party may request administrative or judicial review every [__] months or upon a substantial change of circumstances as defined in ORS 25.280.

E. Insurance Obligations

1. Auto & Homeowners policies covering assets awarded herein shall be transferred or reissued within [__] days.
2. Each Party waives any claim to beneficiary status under the other’s life insurance policies except as expressly provided for Spousal Support security.

F. Tax Matters

1. Filing Status. The Parties will file [jointly / separately] for tax year [YEAR]. Future years shall be filed separately.
2. Dependency Exemptions & Credits. Claimed as follows:
   • Child [NAME] – [Party] in [even/odd] tax years.
3. Hold-Harmless. Each Party indemnifies the other from tax liabilities attributable to that Party’s filings.

IV. REPRESENTATIONS & WARRANTIES

1. Full Disclosure. Each Party represents that all assets, liabilities, income, and expenses have been fully and accurately disclosed.
2. Capacity & Authority. Each Party has the legal capacity to execute and perform this Agreement.
3. Independent Counsel. Each Party warrants consultation with, or voluntary waiver of, independent legal counsel.
4. No Undue Influence. Execution is free from fraud, duress, or coercion.

Representations survive execution and the entry of any Judgment incorporating this Agreement.

V. COVENANTS & RESTRICTIONS

1. Cooperation. Each Party shall execute all documents and take all actions reasonably necessary to effectuate the terms herein.
2. Non-Disparagement. The Parties shall refrain from disparaging the other in the presence of the Child(ren).
3. Confidentiality. Financial schedules and worksheets shall remain confidential except as required by law.
4. Restraining Orders. Both Parties agree to abide by any statutory restraining orders imposed under ORS 107.093 and acknowledge the Family Court’s continuing jurisdiction to issue additional relief.

VI. DEFAULT & REMEDIES

1. Events of Default. A Party is in default if that Party:
   a. Fails to make a required payment within [__] days after due;
   b. Breaches any material covenant and fails to cure within [__] days after written notice; or
   c. Commits any act in violation of a restraining order.

2. Notice & Cure. Written notice must specify the nature of default and desired cure.

3. Remedies. Upon default, the non-defaulting Party may pursue:
   a. Specific performance;
   b. Contempt or enforcement proceedings in Family Court;
   c. Entry of money judgment with statutory interest;
   d. Reasonable attorney fees and costs per Section VI.4.

4. Attorney Fees. The prevailing Party in any enforcement action shall recover reasonable attorney fees and costs.

VII. RISK ALLOCATION

A. Mutual Indemnity

Each Party (an “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Child(ren) from any claims, liabilities, damages, costs, or expenses (including attorney fees) arising out of or relating to:
i. The Indemnifying Party’s failure to pay debts allocated to that Party;
ii. Misrepresentation or breach of warranty; or
iii. Acts or omissions occurring after the Effective Date.

Recovery under this Section is limited to Marital Assets awarded to the Indemnifying Party.

B. Limitation of Liability

Except for willful misconduct or obligations expressly surviving termination (e.g., child support), each Party’s aggregate liability under this Agreement shall not exceed the net value of Marital Assets awarded to that Party.

C. Force Majeure

Neither Party shall be liable for delays in performance caused by events beyond reasonable control (natural disasters, governmental actions), provided that prompt written notice is given and diligent efforts to resume performance are undertaken.

VIII. DISPUTE RESOLUTION

A. Governing Law & Forum

This Agreement shall be governed by and construed under the domestic relations laws of the State of Oregon. Exclusive jurisdiction lies with the Family Court.

B. Tiered Dispute Process

1. Mediation. Except as to emergencies, Parties shall mediate any dispute arising under Sections III.C or III.D. Mediation shall occur within [__] days of a written request using a mediator mutually selected or appointed by the court.
2. Arbitration (Limited). Financial disputes (excluding custody/support) not resolved in mediation may be submitted to binding arbitration under ORS 36.600 et seq. The arbitrator’s award shall be reviewable by the Family Court under ORS 36.705.
3. Court Action. Issues not subject to arbitration, or for which injunctive or contempt relief is sought, shall be brought in the Family Court. No right to trial by jury exists in such proceedings ( OR Const. art. VII §3; ORCP jury waiver not applicable in family law).

C. Injunctive Relief

Either Party may seek temporary or permanent restraining orders under ORS 107.095 without first complying with Section VIII.B.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. Must be in a writing signed by both Parties and, where required, approved by the court. No waiver of any breach shall be construed as waiver of subsequent breach.
2. Assignment. Personal rights and obligations hereunder are non-assignable.
3. Successors & Assigns. This Agreement binds and benefits the Parties and their heirs, personal representatives, and permitted assigns.
4. Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the court is authorized to reform the Agreement to reflect original intent.
5. Integration. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, written or oral.
6. Counterparts & Electronic Signatures. May be executed in counterparts, each deemed an original. Signatures delivered electronically (PDF, facsimile, or e-signature platform compliant with E-SIGN Act, 15 U.S.C. § 7001 et seq.) are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.

[Place each signature block on a separate page if required by local filing rules.]

____ ____
[PETITIONER NAME] Date

____ ____
[RESPONDENT NAME] Date
State of Oregon )
County of __ ) ss.

This instrument was acknowledged before me on ___ day of _, 20_, by _______.

Notary Public for Oregon
My Commission Expires: _

[// GUIDANCE: Some counties require judge’s signature line directly on the agreement; verify local practice.]

Exhibits & Schedules (Sample List)

• Exhibit A – Legal Description of Marital Residence
• Exhibit B – Parenting Plan
• Schedule 1 – Separate Property & Separate Debt
• Schedule 2 – Additional Real Property
• Schedule 3 – Personal Property Allocation
• Schedule 4 – Financial Accounts Allocation
• Schedule 5 – Retirement Asset Allocation & QDRO Summary
• Worksheet CSG-1 – Oregon Child Support Guidelines Calculation

[// GUIDANCE: Attach all referenced Exhibits/Schedules before filing. Double-check cross-references.]