MARRIAGE DISSOLUTION AND SETTLEMENT AGREEMENT

(“Agreement”)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Dissolution & Incorporation into Decree
    B. Children (Conservatorship, Possession & Access)
    C. Child Support
    D. Spousal Maintenance
    E. Property Division
    F. Tax Matters
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

Schedules:
• Schedule A – Real Property Allocation
• Schedule B – Personal Property Allocation
• Schedule C – Retirement & Investment Assets
• Schedule D – Allocation of Liabilities

I. DOCUMENT HEADER

1. Parties.
   This Marriage Dissolution and Settlement Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between
   (a) [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“[PARTY A SHORT NAME]”); and
   (b) [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“[PARTY B SHORT NAME]”, and together with [PARTY A SHORT NAME], the “Parties,” and each, a “Party”).

2. Recitals.
   A. The Parties were lawfully married on [MARRIAGE DATE] in [COUNTY, STATE].
   B. Irreconcilable differences have arisen between the Parties, and they desire to settle all issues arising from their marriage, including conservatorship of their minor child(ren), support, property division, and liabilities, in a manner that is “just and right” under Tex. Fam. Code § 7.001, and consistent with the best interests of the child(ren) under Tex. Fam. Code § 153.002.
   C. The Parties intend that this Agreement be incorporated into and merged with any final decree of divorce (the “Decree”) issued by the [COUNTY] County District Court, State of Texas, Family Law Division (the “Court”).

3. Consideration.
   The mutual promises and covenants contained herein constitute sufficient consideration for this Agreement.

4. Jurisdiction.
   This Agreement shall be governed by and construed in accordance with the laws of the State of Texas (“Governing Law”). Forum selection shall lie exclusively with the Court.

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Any term not defined shall be construed in accordance with applicable Texas family law.

“Best Interest Standard” means the overarching consideration mandated by Tex. Fam. Code § 153.002.
“Child(ren)” means the minor child(ren) of the Parties listed in Section III.B.1.
“Community Estate” means all property, rights, titles, and interests subject to division under Tex. Fam. Code Chapter 7.
“Decree” has the meaning assigned in Section I.2.
“Possession Order” means the parenting time schedule set forth in Section III.B.3 or as modified by the Court.
“Separate Property” means property confirmed as separate under Tex. Fam. Code §§ 3.001 et seq.
“Support Guidelines” means the child-support calculation framework contained in Tex. Fam. Code Chapter 154.

[// GUIDANCE: Add, delete, or revise defined terms to match the Parties’ circumstances. Cross-check every capitalized term for consistent usage.]

III. OPERATIVE PROVISIONS

A. Dissolution & Incorporation into Decree

1. Agreement to Divorce. The Parties agree to cooperate in obtaining a no-fault divorce on the ground of insupportability under Tex. Fam. Code § 6.001.
2. Incorporation. Upon approval by the Court, this Agreement shall be incorporated into, merged with, and made a part of the Decree and shall be enforceable as an order of the Court.
3. Survival. Any provision of this Agreement that the Court cannot merge by law shall survive as a contract.

B. Child(ren): Conservatorship, Possession & Access

1. Identification of Child(ren).
   • [CHILD 1 FULL NAME], born [DOB];
   • [CHILD 2 FULL NAME], born [DOB]; …

2. Conservatorship.
   a. Joint Managing Conservatorship. The Parties shall be Joint Managing Conservators (“JMCs”) with [PARTY A SHORT NAME] designated as the Primary Joint Managing Conservator (“Primary JMC”) having the exclusive right to designate the Child(ren)’s primary residence within [GEOGRAPHIC RESTRICTION, if any].
   b. Rights & Duties. Unless otherwise provided herein, the Parties shall share parental rights and duties as prescribed under Tex. Fam. Code §§ 153.071–153.134.

3. Possession & Access.
   a. Standard Possession Order. Except as otherwise set forth in Schedule E (Custom Parenting Plan), the non-primary JMC shall have possession pursuant to the Standard Possession Order (“SPO”) in Tex. Fam. Code § 153.311 et seq.
   b. Holiday & Extended Periods. Holiday, summer, and alternating-year provisions shall follow the SPO unless modified in Schedule E.
   c. Transportation & Exchanges. Exchanges shall occur at [LOCATION] with each Party responsible for transportation for their outbound possession.

[// GUIDANCE: Insert expanded custom possession schedules in Schedule E if the SPO does not suit the Parties.]

C. Child Support

1. Obligor; Amount. [SUPPORTING PARENT] (“Obligor”) shall pay child support to [RECEIVING PARENT] (“Obligee”) in the amount of $[MONTHLY AMOUNT] per month, calculated pursuant to Support Guidelines (Tex. Fam. Code § 154.001 et seq.) based on net resources of $[NET RESOURCES] and [NUMBER] Child(ren).
2. Withholding. Payment shall be made via income withholding issued to Obligor’s employer, pursuant to Tex. Fam. Code § 158.001.
3. Medical & Dental Support. Obligor shall maintain medical and dental insurance for the Child(ren); uninsured expenses shall be allocated [ALLOCATION PERCENTAGE]-[ALLOCATION PERCENTAGE] between the Parties.
4. Termination of Duty. Child support shall terminate upon the earliest of (a) the Child attaining eighteen (18) years of age and graduating high school, (b) emancipation, (c) marriage of the Child, or (d) further order of the Court, except as otherwise required for an adult disabled child under Tex. Fam. Code § 154.302.
5. Adjustment. Either Party may petition for modification if a material and substantial change occurs or three years have elapsed and the statutory thresholds are met.

D. Spousal Maintenance

1. Eligibility. The Parties acknowledge that spousal maintenance is governed by Tex. Fam. Code Chapter 8.
2. Maintenance Obligation. [PAYOR] shall pay contractual alimony in the amount of $[MONTHLY AMOUNT] per month for [TERM] months, commencing the first day of the month following the Effective Date.
3. Termination. The maintenance obligation shall terminate upon (a) death of either Party, (b) remarriage of Payee, or (c) cohabitation by Payee with a romantic partner.
4. Non-Dischargeability. Unless otherwise ordered, maintenance payments are not dischargeable in bankruptcy.

E. Property Division

[// GUIDANCE: Attach detailed schedules for precision and to facilitate title transfers.]

1. Confirmation of Separate Property. Each Party’s Separate Property, identified in Schedule B-1, is confirmed to that Party, free and clear of any claim by the other.
2. Division of Community Estate. The Community Estate shall be divided as set forth in Schedules A–D, which the Parties agree constitutes a just and right division.

a. Real Property (Schedule A). Title to the marital residence located at [ADDRESS] (the “Marital Residence”) is awarded to [RECIPIENT]. The non-titled Party shall execute a Special Warranty Deed and any lien-release documents within fifteen (15) days after entry of the Decree.
b. Personal Property (Schedule B). Tangible personal property shall be divided per Schedule B. Each Party shall cooperate in delivery within thirty (30) days after the Effective Date.
c. Retirement & Investment Assets (Schedule C). Division shall be effected via Qualified Domestic Relations Orders (“QDROs”) or other transfer instruments. The Parties shall jointly submit any required QDRO within forty-five (45) days after the Effective Date.
d. Debts & Liabilities (Schedule D). Each Party shall timely pay the debts allocated to such Party and shall indemnify the other Party per Section VII.1 for failure to do so.

3. Future Property. Any property acquired by a Party after the Effective Date shall be that Party’s Separate Property.
4. Closing Documents & Cooperation. Each Party shall execute and deliver all conveyances or other documents necessary to effectuate this Article within applicable deadlines.

F. Tax Matters

1. Filing Status. The Parties shall file [JOINT/SEPARATE] federal income tax returns for tax year [YEAR], apportioning liability/refunds as follows: [DETAILS].
2. Child-Related Exemptions. [PARENT] shall be entitled to claim the Child(ren) as dependent(s) for federal income tax purposes in [YEARS/ALTERNATING YEARS], provided that child-support obligations are current.
3. Form 8332. The Obligee shall execute IRS Form 8332 or successor forms as needed to effect the agreed allocation.
4. Indemnity. Each Party shall indemnify the other against any additional tax, interest, or penalty attributable to that Party’s misstatement or omission.

IV. REPRESENTATIONS & WARRANTIES

1. Capacity. Each Party represents that he or she is sui juris and has not assigned or encumbered any interest in the Community Estate except as disclosed herein.
2. Full Disclosure. Each Party warrants that all material assets, liabilities, and income have been fully disclosed.
3. Independent Counsel. Each Party acknowledges the opportunity to seek independent legal advice.
4. No Undue Influence. The Parties enter this Agreement voluntarily, free from duress or undue influence.

Survival. The representations and warranties in this Article shall survive the Decree.

V. COVENANTS & RESTRICTIONS

1. Mutual Cooperation. The Parties shall execute documents and take actions reasonably necessary to implement this Agreement.
2. Non-Disparagement. Each Party shall refrain from disparaging the other in the presence of the Child(ren) or third parties.
3. Confidentiality. Except as required by law, the Parties shall keep the terms of this Agreement confidential.

VI. DEFAULT & REMEDIES

1. Events of Default. A Party’s failure to perform any monetary or non-monetary obligation within the time prescribed constitutes an “Event of Default.”
2. Notice & Cure. The non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have ten (10) days (monetary) or thirty (30) days (non-monetary) to cure.
3. Remedies. Upon uncured default, the non-defaulting Party may seek (a) enforcement by contempt, (b) specific performance, (c) judgment for arrears plus statutory interest, (d) attorney’s fees and costs, and (e) any other remedy available under Texas law.

VII. RISK ALLOCATION

1. Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any liability, cost, or expense, including reasonable attorney’s fees, arising out of the Indemnifying Party’s failure to pay debts allocated to him or her or breach of this Agreement, provided that indemnity shall be limited to the Indemnifying Party’s share of the marital assets awarded herein.
2. Limitation of Liability. Except for fraud, willful misconduct, or non-payment of child support, each Party’s aggregate liability under this Agreement shall not exceed the value of assets awarded to such Party.
3. Insurance. Each Party shall maintain, at his or her own expense, life insurance in the benefit amount of at least $[AMOUNT] naming the Child(ren) as irrevocable beneficiaries until the later of (a) termination of child support or (b) satisfaction of spousal maintenance obligations.
4. Force Majeure. Neither Party shall be liable for failure to perform non-monetary obligations if performance is rendered impossible by an event beyond the Party’s reasonable control; monetary obligations are not excused.

VIII. DISPUTE RESOLUTION

1. Governing Law. Texas law shall govern any dispute arising hereunder.
2. Forum Selection. Exclusive venue and jurisdiction shall lie with the [COUNTY] County District Court, Family Law Division.
3. Arbitration (Limited). Upon mutual written agreement after a dispute arises, specific issues (other than child-related matters, which the Court must adjudicate) may be submitted to binding arbitration under the Texas Arbitration Act; the arbitrator’s award shall be submitted to the Court for confirmation.
4. Injunctive Relief. Nothing herein limits the Court’s authority to issue temporary restraining orders or protective orders for the safety of the Parties or Child(ren).
5. Jury Waiver. No jury trial is available in the Court for matters governed by this Agreement.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and approved by the Court. Waiver of any provision shall not constitute waiver of any other provision.
2. Assignment. No rights or obligations hereunder may be assigned except as expressly permitted or by operation of law.
3. Successors & Assigns. This Agreement shall inure to the benefit of and be binding on the Parties and their heirs, executors, administrators, and permitted assigns.
4. Severability. If any provision is found unenforceable, the remainder shall be reformed to reflect the Parties’ intent and remain in full force.
5. Integration. This Agreement constitutes the entire understanding of the Parties and supersedes all prior agreements, whether oral or written, regarding the subject matter.
6. Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original. Signatures may be exchanged by facsimile, PDF, or electronic signature (e.g., DocuSign) with the same force as originals.

X. EXECUTION BLOCK

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

| _____ | _______ |
| [PARTY A FULL LEGAL NAME] | Date |

| _____ | _______ |
| [PARTY B FULL LEGAL NAME] | Date |

NOTARY ACKNOWLEDGMENTS

State of Texas )
County of ______)

This instrument was acknowledged before me on _ day of _, 20__, by [PARTY A FULL LEGAL NAME].

Notary Public, State of Texas

My Commission Expires: _____

State of Texas )
County of ______)

This instrument was acknowledged before me on _ day of _, 20__, by [PARTY B FULL LEGAL NAME].

Notary Public, State of Texas

My Commission Expires: _____

SCHEDULE A – REAL PROPERTY ALLOCATION

[Insert legal descriptions, mortgage payoff procedures, and deadlines.]

SCHEDULE B – PERSONAL PROPERTY ALLOCATION

[List vehicles, household furnishings, jewelry, etc.]

SCHEDULE C – RETIREMENT & INVESTMENT ASSETS

[List 401(k), IRA, brokerage accounts, stock options, RSUs.]

SCHEDULE D – ALLOCATION OF LIABILITIES

[List credit cards, loans, tax obligations with responsible Party.]

SCHEDULE E – CUSTOM PARENTING PLAN (if deviating from SPO)

[Insert alternative possession schedule, electronic communication provisions, exchanges, etc.]

[// GUIDANCE: Attach additional schedules (e.g., Health Insurance, Education, Extracurricular Activities) as needed.]