DIVORCE SETTLEMENT AGREEMENT

(UTAH)

[// GUIDANCE: This template is drafted for use in uncontested divorces filed in the District Court of the State of Utah. It assumes the parties will incorporate the Agreement into a Decree of Divorce under Utah Code Ann. § 30-3-1 et seq. Bracketed items must be customized. Delete inapplicable provisions before finalization.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
 A. Property Division
 B. Spousal Maintenance (Alimony)
 C. Child Custody & Parenting Time
 D. Child Support
 E. Insurance & Healthcare
 F. Tax Matters
 G. Miscellaneous Financial 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. Title. This Divorce Settlement Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [PARTY A LEGAL NAME], residing at [ADDRESS] (“[PARTY A SHORT NAME]”); and
b. [PARTY B LEGAL NAME], residing at [ADDRESS] (“[PARTY B SHORT NAME]”).

Collectively, the parties may be referred to as the “Parties” and individually as a “Party.”

2. Recitals.
   a. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
   b. Irreconcilable differences have arisen between the Parties, and they intend to dissolve their marriage in accordance with Utah law.
   c. The Parties desire to settle fully and finally all issues concerning property rights, debts, spousal maintenance, child custody, child support, and any other rights or obligations arising out of the marital relationship.

3. Consideration. Mutual promises, covenants, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, constitute consideration for this Agreement.

4. Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of Utah. The District Court of the State of Utah, [COUNTY] County (Family Division) shall retain exclusive jurisdiction, subject to Section VIII (Dispute Resolution).

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.

“Agreement” has the meaning set forth in Section I.1.

“Alimony” means periodic or lump-sum spousal support payable pursuant to Utah Code Ann. § 30-3-5 and Section III.B of this Agreement.

“Child” or “Children” means the Parties’ minor child(ren):
 • [MINOR CHILD 1 FULL NAME], born [DOB];
 • [MINOR CHILD 2 FULL NAME], born [DOB];
 [ADD OR DELETE AS NECESSARY].

“Child Support Guidelines” means the Utah Child Support Act, Utah Code Ann. §§ 78B-12-101 et seq.

“Court” means the District Court of the State of Utah, [COUNTY] County.

“Custodial Parent” and “Non-Custodial Parent” have the meanings assigned by Utah Code Ann. § 78B-12-102.

“Marital Assets” means all real and personal property owned by either Party or both Parties as of the Effective Date and determined herein to be subject to equitable distribution.

“Marital Debts” means all liabilities or obligations incurred during the marriage and not allocated to a Party as Separate Debt.

“Parenting Plan” means the comprehensive plan for legal custody, physical custody, and parenting time attached hereto as Exhibit A.

“Separate Property” means property determined in this Agreement to be the sole and separate property of one Party.

[// GUIDANCE: Add or delete defined terms as necessary to match customized provisions.]

III. OPERATIVE PROVISIONS

A. Property Division

1. Division Standard. The Parties acknowledge that Utah is an “equitable distribution” state. They agree that the allocations below constitute an equitable division of Marital Assets and Marital Debts.

2. Distribution of Marital Assets.

a. Real Property.
i. Marital Residence located at [ADDRESS], Parcel No. [#]. Title shall be conveyed to [TRANSFEREE PARTY] by Special Warranty Deed within thirty (30) days after entry of the Decree of Divorce. [TRANSFEREE PARTY] shall refinance any mortgage within [REFINANCE PERIOD] months to remove [NON-TRANSFEREE PARTY]’s liability.
ii. [ADDITIONAL REAL PROPERTY, if any].

b. Financial Accounts. Within ten (10) business days after the Effective Date, the Parties shall divide all bank, brokerage, cryptocurrency, and retirement accounts as follows:
• [ACCOUNT NAME / LAST 4 DIGITS] to [BENEFICIARY PARTY] (approx. $[VALUE]);
• [REPEAT AS NEEDED].

c. Personal Property. Personal property shall be divided by mutual agreement per Exhibit B. Undistributed items remaining thirty (30) days after the Effective Date shall be submitted to binding appraisal and sold, with net proceeds divided [DIVISION PERCENTAGE].

3. Allocation of Marital Debts.

a. [CREDITOR NAME & ACCOUNT #] — balance approx. $[AMOUNT] — allocated to [RESPONSIBLE PARTY];
b. [REPEAT].

4. Equalization Payment. To equalize the net division, [PAYOR] shall pay [PAYEE] $[AMOUNT] on or before [DATE], secured by a promissory note attached as Exhibit C.

B. Spousal Maintenance (Alimony)

1. Entitlement & Duration. Pursuant to Utah Code Ann. § 30-3-5 and following consideration of the factors therein:

a. [PAYOR PARTY] shall pay to [RECIPIENT PARTY] monthly Alimony of $[AMOUNT] for [TERM] years, commencing the first day of the month following entry of the Decree of Divorce.
b. Alimony shall terminate upon the earliest of:
i. Expiration of the stated term;
ii. Remarriage of the Recipient;
iii. Cohabitation of the Recipient per Utah statute;
iv. Death of either Party.

2. Modification. Alimony may be modified only upon a “substantial material change of circumstances” as defined by Utah law and by court order.

C. Child Custody & Parenting Time

1. Legal Custody. The Parties shall have [JOINT / SOLE] legal custody of the Children.

2. Physical Custody & Parenting Schedule. Physical custody shall be governed by the Parenting Plan (Exhibit A), which complies with Utah Code Ann. § 30-3-10.5. The Parties affirm that the Parenting Plan is in the Children’s best interests.

3. Relocation. Relocation beyond 150 miles requires sixty (60) days’ advance written notice and compliance with Utah Code Ann. § 30-3-37.

D. Child Support

1. Guideline Obligation. Child support shall be calculated in accordance with the Child Support Guidelines, based on the following factual inputs:

• [PAYOR NAME] gross monthly income: $[AMOUNT];
• [RECIPIENT NAME] gross monthly income: $[AMOUNT];
• Overnights allocation per Exhibit A: [#]/year.

2. Payment. [PAYOR] shall pay guideline child support of $[AMOUNT] per month, commencing [DATE], through the Utah Office of Recovery Services (“ORS”).

3. Medical & Childcare Expenses. Unreimbursed medical/dental/vision expenses and work-related childcare costs shall be shared [PERCENTAGE SPLIT] and exchanged within thirty (30) days of receipt, consistent with Utah Code Ann. § 78B-12-212.

4. Adjustment & Review. Child support shall be reviewed at least every three (3) years or sooner upon a 10% change in either Party’s income lasting more than six (6) months. Any modification must conform to statutory procedures.

E. Insurance & Healthcare

1. Health Insurance. [RESPONSIBLE PARTY] shall maintain comprehensive medical, dental, and vision insurance for the Children so long as such coverage is reasonably available through employment or at similar cost.

2. Life Insurance. Each Party shall maintain, for so long as child support or alimony is payable, a life-insurance policy of not less than $[AMOUNT] naming the other Party (in trust for the Children where applicable) as beneficiary.

F. Tax Matters

1. Filing Status for Year of Divorce. The Parties shall file [JOINT / SEPARATE] federal and state income-tax returns for tax year [YEAR OF DIVORCE], apportioning liability or refund [METHOD].

2. Dependency Exemptions & Credits. Subject to IRS rules, the Parties shall alternate the federal child-tax credit and dependent exemption annually, with [PARTY] claiming in even-numbered years and [PARTY] in odd-numbered years, provided the claiming Party is current on child-support obligations as of December 31.

3. Indemnification. Each Party shall indemnify the other against any tax, penalty, or interest attributable to his or her own under-reported income or disallowed deductions.

G. Miscellaneous Financial Matters

1. Retirement Accounts & QDROs. Any transfer of retirement assets shall occur by Qualified Domestic Relations Order (“QDRO”) drafted at the expense of [COST RESPONSIBLE PARTY] within sixty (60) days of the Effective Date.

2. Vehicles. Title to vehicles shall be transferred within ten (10) days after the Decree. The acquiring Party shall refinance any associated debt within [REFINANCE PERIOD] days.

3. Pets. The Parties agree that [PET NAME(S)] is/are the sole property of [OWNER PARTY] and will remain in his/her custody.

IV. REPRESENTATIONS & WARRANTIES

1. Capacity. Each Party represents that he or she:
   a. Is at least 18 years of age and of sound mind;
   b. Has not been coerced or unduly influenced;
   c. Has had the opportunity to consult independent legal counsel.

2. Full Disclosure. Each Party warrants that he or she has made a full and complete disclosure of all assets, debts, income, and other material facts.

3. Accuracy. All information provided in financial declarations filed with the Court is true, correct, and complete to the best of the Party’s knowledge.

4. Survival. These representations and warranties shall survive the execution and consummation of this Agreement.

V. COVENANTS & RESTRICTIONS

1. Further Assurances. Each Party shall execute, acknowledge, and deliver all documents reasonably necessary to carry out the intent and purpose of this Agreement.

2. Non-Disparagement. Neither Party shall disparage the other in the presence of the Children or on social media.

3. Confidentiality. Financial disclosures and this Agreement shall remain confidential except as required by law or Court order.

4. No Waste. Each Party covenants not to conceal, encumber, or dispose of any Marital Asset except as expressly authorized herein.

VI. DEFAULT & REMEDIES

1. Events of Default. A Party shall be in default upon:
   a. Failure to make any payment required under Sections III.A–D within ten (10) days of the due date;
   b. Failure to execute required transfers or documents within the prescribed time;
   c. Violation of any Court-ordered custody or parenting provision.

2. Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless an earlier deadline is mandated by law or Court order.

3. Remedies. Upon an uncured default, in addition to statutory remedies and contempt powers, the non-defaulting Party may seek:
   a. Entry of judgment for unpaid sums with statutory interest;
   b. Wage withholding or garnishment;
   c. Award of attorney fees and costs;
   d. Injunctive relief or restraining orders to prevent further violations.

VII. RISK ALLOCATION

1. Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from and against any claim, debt, or liability allocated to the Indemnifying Party under this Agreement, limited in recourse to the Indemnifying Party’s separate property and share of the Marital Assets.

2. Limitation of Liability. Except for intentional misconduct, fraud, or failure to pay child support or alimony, each Party’s aggregate liability hereunder shall not exceed the value of the Marital Assets allocated to that Party.

3. Force Majeure. Neither Party shall be liable for nonperformance caused by events beyond reasonable control (e.g., natural disasters), but financial obligations (child support, alimony) shall continue unless modified by the Court.

VIII. DISPUTE RESOLUTION

1. Family-Court Jurisdiction. The Court shall retain exclusive jurisdiction over custody, child support, alimony, and any matter not subject to arbitration by law.

2. Limited Arbitration. Subject to Utah Code Ann. § 30-3-3.5, any post-decree dispute solely involving valuation or implementation of property division exceeding $[THRESHOLD] may be submitted to binding arbitration under the Utah Uniform Arbitration Act, by written stipulation filed with the Court. The arbitrator’s award shall be confirmed as a judgment unless vacated under statutory grounds.

3. Mediation Requirement. Before filing any motion (other than emergency or enforcement of child support), the Parties shall participate in at least one (1) session of mediation and exchange good-faith settlement proposals.

4. Injunctive Relief. Nothing in this Section limits either Party’s right to seek temporary restraining orders, protective orders, or other equitable relief from the Court to protect persons or property.

5. Jury Waiver. Jury trial is unavailable in Utah family-law proceedings; each Party expressly acknowledges the same.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment of this Agreement is valid unless in a written instrument executed by both Parties and, where required, approved by the Court. No waiver of any breach shall constitute a waiver of any future breach.

2. Assignment. Rights and obligations hereunder are personal and may not be assigned, except that either Party may assign the right to receive payments to a trust established for the benefit of the Children.

3. Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, legal representatives, and permitted assigns.

4. Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court is empowered to modify the invalid provision to the minimum extent necessary to render it enforceable.

5. Integration. This Agreement, including all exhibits, constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior agreements or understandings, whether written or oral.

6. Counterparts & Electronic Signature. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign, PDF) are deemed original for all purposes.

7. Headings. Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

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

[// GUIDANCE: Under Utah R. Civ. P. 52, notarization is highly advisable for settlement documents, though not strictly required for incorporation into a Decree. Local practice varies by county—confirm with the clerk.]

NOTARY ACKNOWLEDGMENTS

State of Utah )
) ss.
County of _______ )

On this _ day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same.

Notary Public
My Commission Expires: ______

[REPEAT FOR SECOND PARTY]

EXHIBIT A

PARENTING PLAN
[Attach detailed legal and physical custody schedule, holiday rotation, decision-making protocol, communication standards, transportation arrangements, dispute-resolution steps, and right of first refusal.]

EXHIBIT B

PERSONAL PROPERTY ALLOCATION LIST

EXHIBIT C

PROMISSORY NOTE FOR EQUALIZATION PAYMENT

[// GUIDANCE: Prior to filing, verify compliance with:
• Mandatory waiting periods (Utah Code Ann. § 30-3-18).
• Parent Education Course certificates (Utah Code Ann. § 30-3-11.3).
• Financial declaration & child-support worksheet filing (Utah R. Civ. P. 26.1).
• Victim-protection provisions if domestic violence has been alleged. ]