Divorce Settlement Agreement - Washington

Washington Separation Contract and Dissolution Settlement

Attorney Use Gate

Complete before presenting this agreement for signature.

Stop conditions: Do not use joint negotiation or a joint signing session when safety, coercion, capacity, undisclosed assets, or unmanageable conflicts require a different process. Do not treat this contract as effective court relief before the court enters the necessary decree and orders.

1. Parties and Purpose

This written separation contract (the “Agreement”) is made on [DATE] by:

• Party A: [FULL LEGAL NAME], address for notice [____]; and
• Party B: [FULL LEGAL NAME], address for notice [____].

The parties married or registered a domestic partnership on [DATE] in [PLACE] and separated on [DATE]. A proceeding ☐ is pending ☐ will be filed in the Superior Court of Washington for [COUNTY] County, cause no. [____].

Under RCW 26.09.070, the parties intend to resolve maintenance, property, liabilities, child-support proposals, and other identified issues. They acknowledge that parenting terms are not binding on the court under RCW 26.09.070(3), child support must be reviewed for Chapter 26.19 compliance, and the court retains its statutory authority.

2. Disclosure, Voluntariness, and Fairness Record

Each party states that the attached schedules identify, to that party's knowledge after reasonable inquiry, all material assets, liabilities, income, expenses, and claims. Each party has received:

☐ Party A's financial declaration and source documents dated [____]

☐ Party B's financial declaration and source documents dated [____]

☐ Tax returns for years [____]

☐ Account, retirement, debt, business, and real-property records listed in Exhibit A

Each party has had adequate time to review the Agreement and an opportunity to obtain independent legal, tax, valuation, and financial advice. No party relies on a representation not written here or in an attached disclosure. Exceptions, disputed values, and information still outstanding: [________________________________].

The parties ask the court to find that the Agreement was not unfair at execution after considering their economic circumstances and the evidence required by RCW 26.09.070(3).

3. Children and Parenting Proposal

Children covered by the case:

☐ No child is covered; Sections 3 and 4 are omitted.

The parties submit the completed current Washington parenting-plan form as Exhibit B. It must address the required plan subjects and the criteria and limitations in RCW 26.09.181, .187, .191, and .192. This Agreement does not override that filed plan or any later court order.

Requested decision-making, dispute-resolution, residential, holiday, transportation, communication, and safety terms are those stated in Exhibit B. Any private side agreement affecting the children must be reviewed and, when required, entered by the court before reliance.

4. Child Support and Medical Support Proposal

The parties attach current Washington Child Support Worksheets and a proposed child-support order as Exhibit C. The proposed transfer payment is $[____] per month beginning [DATE], payable by the method the court orders.

The parties do not create an automatic annual income adjustment merely by signing this Agreement. Any adjustment or modification must follow the entered order and RCW 26.09.100 and .170.

Payment route under RCW 26.23.050:

☐ Washington State Support Registry is required/requested

☐ Direct payment or alternate arrangement is requested and must be approved where required

Medical support under RCW 26.09.105 is stated in Exhibit C, including accessible coverage at reasonable cost, allocation of premiums, and proportionate uninsured medical expenses. Other agreed child expenses: [CATEGORY, ALLOCATION, APPROVAL, DOCUMENTATION, PAYMENT DEADLINE].

Federal tax treatment and any allocation of child-related tax benefits must be checked under current federal law and reflected in the decree as appropriate under RCW 26.09.050. Proposed allocation: [________________________________].

5. Property and Liabilities

The parties ask the court to approve a just and equitable disposition after considering RCW 26.09.080. Labels such as “community” or “separate” are the parties' positions and do not displace the court's classification and distribution authority.

5.1 Property Awarded to Party A

Party A receives the assets in Schedule 1A, subject to the stated liens, transfer steps, taxes, and valuation dates.

5.2 Property Awarded to Party B

Party B receives the assets in Schedule 1B, subject to the stated liens, transfer steps, taxes, and valuation dates.

5.3 Residence and Other Real Property

Schedule 1C must state for each parcel: legal description; title and debt; occupancy; award or sale; valuation; refinance deadline; interim payments; repairs; listing terms; proceeds allocation; deed/escrow steps; and the consequence if refinance or sale fails. A debt allocation does not release either party from a creditor's contract.

5.4 Retirement and Benefits

Schedule 1D identifies each plan, valuation/cutoff date, division method, survivor benefit, gains/losses, fees, and the person responsible for a QDRO or other plan-approved order. This Agreement itself does not direct a plan administrator to divide benefits.

5.5 Businesses, Intellectual Property, and Deferred Compensation

Schedule 1E states valuation, ownership, governance, transfer restrictions, tax allocations, security, and records access. Independent valuation used/waived after advice: [________________________________].

5.6 Debts

Schedule 2 allocates known liabilities and states payment, refinance/closure, indemnity, notice, document access, and remedy terms. As between the parties, each shall indemnify the other from a debt expressly allocated to that party, but no clause binds or releases a third-party creditor.

5.7 Equalization

[PARTY] shall pay $[____] by [DATE/MILESTONES], secured by [____], with interest of [____] only after counsel verifies the applicable rate and documentation. Prepayment: [____].

6. Maintenance

Select one after applying the RCW 26.09.090 factors:

☐ Neither party requests maintenance.

☐ [PARTY] shall pay [PARTY] $[____] per [MONTH/OTHER] from [DATE] through [DATE/EVENT], by [METHOD].

Modifiability election under RCW 26.09.070(7) and .170:

☐ The decree may be modified only as permitted by statute.

☐ The parties request that the decree expressly preclude modification of maintenance.

☐ The parties request these limits on modification: [________________________________].

Unless the parties otherwise agree in writing or the decree expressly provides otherwise, RCW 26.09.170(2) terminates future maintenance upon either party's death or the recipient's remarriage or registration of a new domestic partnership. The requested decree treatment is: [________________________________].

7. Taxes

Tax years covered: [____]. Filing status and responsibility for preparation: [____]. Refunds, balances, estimated payments, audits, carryovers, credits, basis, and information exchange are allocated in Schedule 3.

Each party shall indemnify the other for a tax, interest, or penalty attributable under Schedule 3 to that party's inaccurate information, omitted income, or allocated obligation, subject to notice and a reasonable opportunity to participate in any response. This clause does not bind a taxing authority.

Counsel has addressed whether any joint-return relief, property-transfer rule, retirement distribution, support treatment, dependency benefit, or sale-of-home issue requires separate tax advice: [________________________________].

8. Transfers and Performance

Each party shall sign the deeds, titles, assignments, plan orders, releases, and other documents specifically identified in Schedule 4 by the stated deadlines. Escrow holder or document custodian: [____].

Insurance or security required to protect a payment duty:

☐ None

☐ Life insurance / lien / deed of trust / other: [AMOUNT, OWNER, BENEFICIARY, DURATION, PROOF, REPLACEMENT, AND RELEASE TERMS]

Address/contact changes affecting an entered support or parenting order must be handled under the order and applicable law. Contract notice addresses may be updated by written notice to [METHOD/ADDRESS].

9. Court Review, Incorporation, and Enforcement

The parties request the treatment selected below under RCW 26.09.070(5):

☐ Set the Agreement forth in the decree

☐ File it in the action

☐ Make it an exhibit and incorporate it by reference

☐ Provide in the Agreement that it is not to be set forth or incorporated, subject to counsel's explanation of enforcement consequences: [____]

Parenting-plan terms must be set out in the decree. Contract terms set forth or incorporated by reference may be enforced with judgment remedies, including contempt, and as contract terms under RCW 26.09.070(6). A private term not made part of an order is not automatically enforceable by contempt.

Property disposition in the decree is not modifiable merely because circumstances change; RCW 26.09.170(1) reserves reopening to conditions that justify reopening a judgment. Support and maintenance modification follow the decree and current statute.

If performance fails, a party may seek a remedy authorized by the Agreement, the decree, and governing law. Attorney fees are not automatically awarded to a prevailing party: under RCW 26.09.140, the court may order reasonable costs and professional fees after considering both parties' financial resources.

10. Safety and Restraining Orders

This Agreement does not create an automatic statutory restraining order upon filing. The decree may include necessary continuing restraining orders under RCW 26.09.050, and protection orders or firearm-related terms may be governed by RCW 26.09.050, chapter 7.105 RCW, RCW 9.41.800, and other current law.

Existing order(s): [COURT / NUMBER / EXPIRATION / TERMS]. Requested continuing provisions: [________________________________]. Nothing here authorizes prohibited contact or changes an existing order.

11. General Terms

This Agreement and its completed schedules are the parties' complete separation contract. No amendment affecting an entered order is effective without any required court approval. A waiver is limited to the particular written instance.

If a nonessential provision is unenforceable, the parties request enforcement of the remainder to the extent consistent with the decree and Washington law. No assignment may alter a personal support, maintenance, or parenting duty.

Counterparts and electronic signatures may be used to the extent RCW 1.80.060 and applicable court filing/signature rules permit. RCW chapter 19.360 is repealed and is not authority for this clause.

Governing law is Washington law. The proper court and venue for any later matter depend on the decree, jurisdiction statutes, and the relief requested; this Agreement does not create exclusive jurisdiction where the law provides otherwise.

12. Signatures and Counsel Certificates

Each party acknowledges having read the complete Agreement and attached schedules, having received the disclosures identified above, and having had the opportunity for independent counsel before signing.

Party A counsel: [NAME / WSBA / SIGNATURE / DATE]

Party B counsel: [NAME / WSBA / SIGNATURE / DATE]

Notarial acknowledgment or declaration required by selected document/local filing rule: ☐ No ☐ Yes — attach current approved form: [____]

Schedules and Exhibits

• Exhibit A: Financial disclosures and source-document index
• Exhibit B: Current proposed Washington parenting plan
• Exhibit C: Current child-support worksheets and proposed child-support order
• Schedule 1A: Property awarded to Party A
• Schedule 1B: Property awarded to Party B
• Schedule 1C: Residence and other real-property terms
• Schedule 1D: Retirement and benefit division
• Schedule 1E: Business, intellectual-property, and deferred-compensation interests
• Schedule 2: Debts and creditor-facing action plan
• Schedule 3: Tax allocation and information exchange
• Schedule 4: Transfer, security, insurance, and performance calendar

Attorney Final Checklist

☐ Tested the Agreement for unfairness at execution under RCW 26.09.070 and documented full disclosure and voluntariness.

☐ Used current mandatory parenting, child-support, financial, confidential-information, and decree forms.

☐ Screened RCW 26.09.191-.192 and did not treat child-related terms as binding merely because the parties agreed.

☐ Removed any automatic annual support increase not contained in a compliant proposed order.

☐ Coordinated Registry/direct payment, withholding, medical support, and required support-order language.

☐ Distinguished incorporated/order terms that may support contempt from private contract duties.

☐ Removed commercial liability caps, force majeure, automatic prevailing-party fees, jury waiver, and generic arbitration provisions.

☐ Replaced repealed chapter 19.360 with current RCW 1.80.060 and checked local signature rules.

☐ Prepared separate QDROs, deeds, plan forms, or tax documents; did not treat this Agreement as a substitute.

Sources and References

Official Washington Legislature text reviewed August 8, 2026:

• RCW 26.09.050 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.050
• RCW 26.09.070 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.070
• RCW 26.09.080 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.080
• RCW 26.09.090 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.090
• RCW 26.09.100 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.100
• RCW 26.09.105 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.105
• RCW 26.09.140 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.140
• RCW 26.09.170 (current text and separately displayed April 1, 2027 text) — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.170
• RCW 26.09.181 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.181
• RCW 26.09.187 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.187
• RCW 26.09.191 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.191
• RCW 26.09.192 — https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.192
• RCW 26.23.050 (current text and separately displayed April 1, 2027 text) — https://app.leg.wa.gov/RCW/default.aspx?cite=26.23.050
• RCW 1.80.060 — https://app.leg.wa.gov/RCW/default.aspx?cite=1.80.060
• Repealed chapter 19.360 disposition table — https://app.leg.wa.gov/RCW/Dispo.aspx?cite=19.360

[END OF AGREEMENT]