Divorce Settlement Agreement - Oregon

OREGON DIVORCE SETTLEMENT AGREEMENT

Court Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Use Notice

This Agreement records the parties' proposed settlement. It does not dissolve the marriage or change an existing order by itself. The court must approve the legally operative terms and enter them in a general or supplemental judgment.

Use the current Oregon Judicial Department forms for the petition, declarations, child-support calculation, parenting plan, stipulated judgment, and any county-specific filing requirements. This Agreement does not replace those forms.

1. Parties and Dissolution Facts

This Agreement is made on [__/__/____] between:

Party A: [________________________________]

Party B: [________________________________]

The parties were married on [__/__/____] in [________________________________].

The parties state that irreconcilable differences have caused the irremediable breakdown of the marriage, as provided in ORS 107.025.

Date of separation, if used for allocation purposes: [__/__/____]

Filing county: [________________________________] County, Oregon

For an ordinary dissolution based on irreconcilable differences, ORS 107.075 generally requires at least one party to be a resident of or domiciled in Oregon when the case begins and continuously for the preceding six months.

Qualifying party and residence or domicile facts: [________________________________]

2. Children and Related Proceedings

Pregnancy: ☐ neither party is pregnant ☐ legal review required

Other custody, support, parentage, juvenile, adoption, protective-order, or child-welfare proceeding:

☐ None known.

☐ The following proceeding or order must be disclosed and reviewed: [________________________________]

Indian Child Welfare Act or tribal-status information requiring review: [________________________________]

3. Disclosure and Independent Review

ORS 107.089 requires parties who are served with the statutory notice to exchange specified financial documents within its deadlines. The statute does not limit broader discovery rights.

The parties state that they have disclosed all known assets, debts, income sources, support obligations, claims, and material title or beneficiary interests, including:

☐ federal and state income-tax returns and current income records;

☐ deeds, real-estate contracts, appraisals, assessed values, liens, and mortgages;

☐ vehicle titles, registrations, and identifying numbers;

☐ bank, brokerage, investment, retirement, pension, and deferred-compensation records;

☐ business, trust, option, digital-asset, and intellectual-property interests;

☐ debt, credit-card, loan, and financial statements; and

☐ other material information: [________________________________].

Party A's attorney: [________________________________]

Party B's attorney: [________________________________]

☐ Each party had an opportunity to obtain independent legal, tax, and financial advice.

4. Property-Division Framework

ORS 107.105(1)(f) directs the court to divide real and personal property as may be just and proper in all the circumstances. It treats retirement interests as property, recognizes homemaker contributions, and creates a rebuttable presumption of equal contribution to property acquired during marriage, subject to the statute's treatment of qualifying gifts and other circumstances.

This Agreement states the parties' proposed disposition. It does not assume that property is excluded merely because it is titled to one party or was received by gift or inheritance. Traceability, commingling, intent, appreciation, and the complete circumstances require legal review.

5. Real Property

Property 1

Street address: [________________________________]

Full legal description attached as Exhibit: [________________________________]

Current titled owner or owners: [________________________________]

Mortgage, lien, line of credit, or other encumbrance: [________________________________]

Agreed disposition:

☐ awarded to Party A;

☐ awarded to Party B;

☐ listed for sale by [__/__/____]; or

☐ other: [________________________________].

Possession until transfer or sale: [________________________________]

Mortgage, taxes, insurance, repairs, and utilities until transfer or sale: [________________________________]

Refinance or assumption deadline, if applicable: [__/__/____]

Equalizing payment: $[________] payable by [________________________________] on [__/__/____]

Sale agent, pricing process, accepted-offer authority, costs, and net-proceeds division: [________________________________]

Deed preparation, execution, delivery, and recording responsibility: [________________________________]

An allocation between spouses does not itself release a borrower or guarantor from a lender's contract. A refinance deadline is not a representation that a lender will approve refinancing.

Additional Real Property

[____________________________________________________________]

6. Personal Property, Vehicles, and Accounts

Vehicles and Titled Property

7. Retirement and Employment Benefits

☐ No retirement interest is divided; each party asks to be awarded the interests in that party's own name.

☐ A qualified domestic relations order, domestic relations order, or other plan-specific instrument will be prepared by [________________________________] by [__/__/____].

Do not rely on this Agreement alone to divide a retirement plan. Plan terms and federal or state benefit law may require a separate order, joinder, approval, or survivor-benefit election.

8. Debts and Reimbursement Between the Parties

Unless otherwise stated, each party will be responsible between the parties for debts incurred individually after [__/__/____] and debts secured by property awarded to that party.

If a creditor requires payment from the party who was not allocated a debt and that party pays it, the responsible party will reimburse the payer within [____] days after written proof of payment, subject to bankruptcy law and the entered judgment.

The parties understand that their allocation does not bind a creditor that is not a party to the case.

9. Spousal Support

ORS 107.105(1)(d) recognizes transitional, compensatory, and maintenance support. Select only provisions supported by the parties' facts and accurately stated in the proposed judgment.

☐ No spousal support. Each party asks the court to order no spousal support.

☐ Transitional support. [Party A / Party B] will pay [Party A / Party B] $[________] per month beginning [__/__/____] and ending [__/__/____], based on these education or training facts: [________________________________].

☐ Compensatory support. [Party A / Party B] will pay [Party A / Party B] $[________] [per month / total] beginning [__/__/____] and ending or due [__/__/____], based on this significant contribution to education, training, vocational skills, career, or earning capacity: [________________________________].

☐ Maintenance support. [Party A / Party B] will pay [Party A / Party B] $[________] per month beginning [__/__/____] and ending [__/__/____ / on a stated event], based on these facts: [________________________________].

Payment method and due date: [________________________________]

Arrears, interest, security, or withholding terms: [________________________________]

Unless the judgment expressly provides otherwise, ORS 107.105(1)(d) generally terminates liability for future support on the death of either party, except for unpaid previously ordered support. Do not insert remarriage or cohabitation as an automatic ending event unless that result is deliberately negotiated, legally reviewed, and stated in the judgment.

ORS 107.135 provides standards for later spousal-support modification. Any negotiated limit or waiver of modification must be drafted for the actual judgment and reviewed by Oregon counsel.

10. Custody

The parties request:

☐ Sole custody to Party A.

☐ Sole custody to Party B.

☐ Joint custody. Both parents voluntarily agree to every term and condition of joint custody stated here and in the attached parenting plan.

ORS 107.169 provides that a court may not order joint custody unless both parents agree to the order's terms and conditions. Joint custody concerns shared rights and responsibilities for major decisions and does not itself determine child support.

Specific joint-custody decision allocation, if any: [________________________________]

Custody and Safety Information

The parties provide the following information for the court's review under ORS 107.137:

Emotional ties and existing relationships: [________________________________]

Each party's interest in and attitude toward the children: [________________________________]

Primary-caregiver information: [________________________________]

Willingness and ability to support the children's relationship with the other parent, subject to statutory safety limitations: [________________________________]

Abuse, sexual assault, protective orders, safety risks, or other required findings: [________________________________]

The parties do not ask the court to accept a private waiver of any custody presumption, safety finding, or restriction required by law.

11. Parenting Plan

The detailed parenting plan attached as Exhibit A is incorporated into this proposed settlement. ORS 107.102 requires a parenting plan in a proceeding establishing or modifying parenting time, outside the statute's Family Abuse Prevention Act exception.

The plan addresses:

☐ regular residential schedule;

☐ holidays, birthdays, vacations, and school breaks;

☐ transportation and exchanges;

☐ telephone, video, and other contact;

☐ information sharing and access to records;

☐ decision-making responsibility;

☐ residence changes and travel;

☐ safety provisions; and

☐ a lawful dispute-resolution process.

Minimum parenting time and access for a noncustodial parent: [________________________________]

12. Change of Residence

ORS 107.159 generally requires a custody order, other than a Family Abuse Prevention Act order, to provide that neither parent may move to a residence more than 60 miles farther from the other parent without giving the other parent reasonable notice and providing a copy of the notice to the court. The statute does not prescribe a fixed number of notice days or a fixed objection deadline. A court may suspend the notice requirement for good cause.

The parties request that the judgment include the statutory notice provision and any additional lawful term stated in Exhibit A.

13. Child Support

ORS 25.275 requires the child-support formula to be established by rule. ORS 25.280 presumes the formula amount is correct unless the required finding rebuts it. The parties will use the current Oregon Child Support Guidelines Calculator and OAR 137-050-0700 through 137-050-0765.

Calculator version and calculation date: [________________________________]

Parent ordered to pay: [________________________________]

Cash child support for minor children: $[________] per month

Cash child support for a qualifying child attending school: $[________] per month

Cash medical support, if any: $[________] per month

☐ The parties request the guideline amount shown by the attached current calculator output.

☐ A rebuttal is requested under ORS 25.280 and OAR 137-050-0760. Evidence and proposed findings: [________________________________]

☐ An agreed amount is proposed under OAR 137-050-0765, with the required findings and documentation: [________________________________]

Do not state a private recalculation or automatic modification schedule here. A later support change must use the legally applicable judicial or administrative procedure.

Payment and Withholding

The proposed judgment must address income withholding unless the court grants an exception under current law. Payment routing and account terms: [________________________________]

14. Health Coverage and Children's Expenses

Parent to provide health-care coverage, if ordered: [________________________________]

Coverage source and cost attributable to the children: [________________________________]

Unreimbursed ordinary and extraordinary health expenses: [________________________________]

Qualifying childcare costs: [________________________________]

Education, activities, travel, and other agreed expenses: [________________________________]

Any division of expenses must be coordinated with the current child-support calculation and the judgment.

15. Life and Other Insurance

Life Insurance Related to Support

☐ Neither party requests life insurance connected to support.

☐ [Party A / Party B] will maintain coverage of $[________] for the benefit of [Party A / Party B / child or children] until [________________________________], subject to policy ownership, insurability, premium, notice, proof, and reduction terms stated here: [________________________________].

ORS 107.820 addresses court-ordered life insurance connected to support and requires careful treatment of existing policies, beneficiary rights, premiums, policy information, and later modification.

Property, Vehicle, and Health Coverage

Coverage pending transfer or sale of property: [________________________________]

Post-dissolution health-coverage and premium responsibility: [________________________________]

The parties will verify continuation, conversion, employer-plan, marketplace, and tax consequences directly with the plan administrator and qualified advisers.

16. Taxes

Tax year addressed: [____]

☐ The parties will file jointly only if legally eligible and both sign the completed returns after professional review.

☐ The parties will file separately.

Refund or balance-due allocation: [________________________________]

Child-related federal and state tax benefits: [________________________________]

Estimated payments, withholding, carryovers, property basis, sale consequences, retirement division, and audit cooperation: [________________________________]

Tax professional consulted: [________________________________]

This Agreement makes no representation about the federal or Oregon tax treatment of support, transfers, filing status, retirement division, or debt allocation.

17. Statutory Restraining Order and Safety

After filing and service, the statutory restraining order in ORS 107.093 restricts specified insurance changes, property transfers or concealment, extraordinary expenditures, and exercise of authority for the other party under specified advance-planning instruments until the order ends or the court changes it.

☐ The parties have reviewed the restraining order attached to the summons.

☐ A temporary order, protective order, confidential-address procedure, or safety plan also applies: [________________________________]

Nothing in this Agreement authorizes conduct prohibited by an existing order or delays a request for emergency relief.

18. Implementation and Enforcement

Unless another deadline is stated, each party will sign and deliver documents reasonably necessary to implement the entered judgment within [____] days after entry.

Specific transfer documents and responsible preparer: [________________________________]

Escrow, security, sale, or payment implementation terms: [________________________________]

ORS 107.104 states Oregon's policy of encouraging settlement and permits qualifying settlement terms to be enforced as contract terms, through judgment remedies, or both, unless enforcement would violate law or clearly contravene public policy.

The parties request that the court approve the settlement and incorporate its operative terms into a stipulated judgment. They understand that:

☐ the marriage is dissolved only when the court enters the judgment;

☐ the judgment must accurately state property, debt, money-award, custody, parenting-time, support, insurance, and implementation terms;

☐ the Agreement cannot bind third parties, plans, lenders, taxing authorities, or creditors merely by naming them;

☐ enforcement, contempt, modification, and attorney-fee requests remain subject to current law and court order; and

☐ this Agreement creates no private liability cap, force-majeure defense, jury-waiver provision, or binding-arbitration requirement.

19. Optional Nonemergency Mediation

☐ Before filing a nonemergency dispute about interpretation or implementation, the parties will consider mediation with [________________________________].

This optional term does not:

• delay emergency, protective, contempt, support-enforcement, or time-sensitive court relief;
• require mediation when participation is unsafe or unlawful;
• override a judicial district's screening, opt-out, or mediation rules; or
• authorize a mediator to change an entered judgment.

Any permanent change must use the legally applicable court or administrative procedure.

20. Completeness and Voluntary Agreement

Each party states that:

☐ the party read the complete Agreement and attachments;

☐ the party understands the proposed allocation and unresolved risks;

☐ the party had adequate time and access to records;

☐ no material promise outside this written Agreement induced the signature;

☐ the party signs voluntarily and without fraud, coercion, or duress; and

☐ the party understands that court approval is required.

Unresolved matter requiring a separate term or court decision: [________________________________]

21. Signatures

Party A

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Party B

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Attorney for Party A, if any: [________________________________]

Attorney for Party B, if any: [________________________________]

Confirm whether declarations under penalty of perjury, acknowledgments, notarization, exhibits, confidential-information forms, and judgment-submission procedures are required by the current OJD packet, local rules, or a particular transfer document.

Attachments

• Exhibit A: Detailed Parenting Plan
• Exhibit B: Real-Property Legal Description and Transfer Terms
• Schedule 1: Personal Property and Vehicles
• Schedule 2: Financial and Business Interests
• Schedule 3: Debts
• Schedule 4: Retirement and Employment Benefits
• Attachment 5: Current Oregon Child Support Guidelines Calculator Output

Sources and References

• Oregon Revised Statutes, Chapter 107 (2025 edition)
• Oregon Revised Statutes, Chapter 25 (2025 edition)
• Oregon Legislature — 2026 amended-and-repealed table
• Oregon Laws 2025, chapter 592 (SB 163 enrolled) — parentage-related amendments
• Oregon Laws 2025, chapter 99 (HB 3348 enrolled) — child-support amendments effective January 1, 2026
• Oregon DOJ — Child Support Guideline Rules 137-050
• Oregon Child Support Guidelines Calculator
• Oregon Judicial Department — Divorce Forms
• Oregon Judicial Department — Family Law Forms
• Oregon Judicial Department — Notice of Intent to Change Residence