MARITAL SETTLEMENT AGREEMENT

(Washington State – RCW Title 26 Compliance)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Status & Filing of Dissolution
   3.2 Division of Property
   3.3 Allocation of Debts
   3.4 Spousal Maintenance
   3.5 Parenting Plan & Residential Schedule
   3.6 Child Support
   3.7 Tax Matters
   3.8 Insurance & Benefits
   3.9 Conduct & Restraining Provisions
4. Representations & Warranties
5. Covenants & Continuing Obligations
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Title and Parties

This Marital Settlement Agreement (“Agreement”) is entered into by and between [FULL LEGAL NAME] (“Spouse A”) and [FULL LEGAL NAME] (“Spouse B,” and together with Spouse A, the “Parties”) as of [EFFECTIVE DATE].

1.2 Recitals

A. The Parties were lawfully married on [DATE] in [CITY, STATE] and separated on [DATE].
B. Dissolution proceedings will be or have been commenced in the Superior Court of the State of Washington for [COUNTY] (“Family Court”).
C. The Parties desire to settle finally, fully, and completely all rights and obligations arising from their marital relationship, including property division, debt allocation, spousal maintenance, child custody, and child support.
D. The consideration for this Agreement is the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged.

1.3 Jurisdiction & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, including without limitation RCW 26.09 and RCW 26.19, without regard to its conflict-of-law principles. The Family Court shall retain exclusive jurisdiction over all matters arising hereunder.

2. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below:

“Agreement” – This Marital Settlement Agreement, including all Exhibits and Schedules.
“Child” or “Children” – The Parties’ minor child(ren): [NAME(S) & DOB(S)].
“Community Property” – All property acquired by either Party during marriage and prior to separation, as defined in RCW 26.16.
“Court” – The Superior Court of the State of Washington for [COUNTY].
“Parenting Plan” – The comprehensive parenting plan conforming to RCW 26.09.181 et seq., attached hereto as Exhibit B.
“Separate Property” – Property classified under Washington law or by mutual agreement as the separate property of one Party.
“Support Transfer Payment” – The monthly child support amount determined under Section 3.6.
[Add additional defined terms as required.]

3. OPERATIVE PROVISIONS

3.1 Status & Filing of Dissolution

3.1.1 Agreement to Seek Dissolution. The Parties agree to cooperate in entering final orders of dissolution consistent with this Agreement.
3.1.2 Incorporation. Upon entry of the Decree of Dissolution, this Agreement shall be incorporated but not merged, surviving as an independent contract enforceable by the Court’s contempt powers and ordinary contract remedies.

3.2 Division of Property

3.2.1 General Rule. Consistent with RCW 26.09.080, the Parties deem the following allocation of Community and Separate Property to be just and equitable under all circumstances.
3.2.2 Allocation.
a. Spouse A shall receive the assets listed on Schedule 1A.
b. Spouse B shall receive the assets listed on Schedule 1B.
c. The marital residence located at [ADDRESS] shall be [AWARDED TO / SOLD BY] [Party/Both] subject to the conditions in Schedule 1C.
3.2.3 Equalization Payment. If Schedule allocations yield a net disparity exceeding [$____], the owing Party shall pay an equalizing cash payment within [__] days of Effective Date.
[// GUIDANCE: Attach detailed asset list in separate schedules; include VINs, account numbers, legal descriptions.]

3.3 Allocation of Debts

Debts shall be allocated as set forth on Schedule 2. Each Party shall indemnify and hold harmless the other from any liability for debts allocated to the indemnifying Party.

3.4 Spousal Maintenance

3.4.1 Amount & Term. Spouse [A/B] shall pay spousal maintenance of [$____] per month to Spouse [B/A] commencing [DATE] for [__] months, pursuant to RCW 26.09.090.
3.4.2 Termination Triggers. Maintenance shall terminate upon the earliest of (i) death of either Party; (ii) recipient’s remarriage or state-registered domestic partnership; or (iii) expiration of the stated term.
3.4.3 Modifiability. Maintenance is [modifiable/non-modifiable] except as provided in RCW 26.09.170.

3.5 Parenting Plan & Residential Schedule

3.5.1 Adoption of Parenting Plan. The Parenting Plan attached as Exhibit B is incorporated herein and shall control parenting arrangements pursuant to RCW 26.09.181.
3.5.2 Decision-Making & Dispute Resolution. Allocation of decision-making authority and dispute resolution methods are set forth in Exhibit B and comply with RCW 26.09.187.
[// GUIDANCE: Utilize Washington State mandatory parenting-plan form as foundation; insert alternative dispute resolution step before court.]

3.6 Child Support

3.6.1 Determination. Child support shall be calculated under RCW 26.19 using the Child Support Worksheets attached as Exhibit C.
3.6.2 Support Transfer Payment. Spouse [A/B] shall pay [$____] per month to Spouse [B/A] commencing [DATE] via the Washington State Support Registry, DCYF.
3.6.3 Adjustments. Support shall adjust automatically each January 1 based on the obligor’s W-2 gross income or as otherwise required by statute.
3.6.4 Extraordinary Expenses. The Parties shall share uninsured medical, educational, and agreed extracurricular expenses []% / %.
3.6.5 Tax Exemptions. Unless modified by mutual written agreement, the federal child-tax exemption(s) shall be claimed in [odd/even] years by [Party].

3.7 Tax Matters

a. Filing Status for current tax year shall be [Married Filing Separately / other].
b. Each Party shall indemnify the other against any tax liability arising from misstatement of income by the indemnifying Party.

3.8 Insurance & Benefits

Each Party shall maintain, at his/her sole cost, the following insurance:
(i) Health insurance for the Children consistent with RCW 26.09.105;
(ii) Life insurance of [$____] naming the other Party as trustee for the Children until emancipation;
(iii) Auto and homeowners/renters insurance for property received.

3.9 Conduct & Restraining Provisions

a. Statutory Restraining Orders. The automatic restraining orders of RCW 26.09.050 apply upon filing.
b. Mutual Conduct Clause. Neither Party shall disparage the other in the presence of the Children nor permit third parties to do so.
c. Firearms. Both Parties shall comply with all firearms surrender obligations arising under Washington law or court order.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he/she has fully and fairly disclosed all assets, liabilities, income, and expenses.
4.2 Capacity & Authority. Each Party has the legal capacity and authority to enter into and perform this Agreement.
4.3 No Undue Influence. Each Party enters this Agreement voluntarily, without duress, coercion, or undue influence, and after opportunity to seek independent legal counsel.
4.4 Survival. The foregoing representations and warranties shall survive execution and final dissolution.

5. COVENANTS & CONTINUING OBLIGATIONS

a. Further Assurances. Each Party shall execute all documents reasonably necessary to effectuate this Agreement (e.g., quitclaim deeds, vehicle title transfers).
b. Confidentiality. Financial affidavits and discovery materials shall remain confidential except as required by law or court order.
c. Change of Address. A Party shall provide written notice of address change within ten (10) days.

6. DEFAULT & REMEDIES

6.1 Event of Default. Failure to perform any material obligation (e.g., payment, deed transfer) within the time specified constitutes a default.
6.2 Notice & Cure. Non-defaulting Party shall provide written notice; defaulting Party shall have fifteen (15) days to cure.
6.3 Remedies.
i. Contempt proceedings in Family Court;
ii. Entry of judgment for unpaid sums plus statutory interest;
iii. Specific performance; and
iv. Attorney fees and costs to prevailing Party.
6.4 Cumulative Remedies. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party (“Indemnitee”) from and against any claim, debt, tax, or liability allocated to the Indemnitor herein.

7.2 Limitation of Liability

Each Party’s aggregate liability to the other under this Agreement shall not exceed the value of assets received by such Party (the “Liability Cap”); provided, this Section does not limit obligations for child support, spousal maintenance, or intentional misconduct.

7.3 Force Majeure

Neither Party shall be liable for delay in performance caused by events beyond reasonable control (fire, natural disaster, governmental act), except for payment obligations.

8. DISPUTE RESOLUTION

8.1 Governing Law. Washington law governs.
8.2 Forum Selection. Exclusive venue lies in the Superior Court for [COUNTY], Family Law Division.
8.3 Limited Arbitration Availability. By mutual written consent, the Parties may submit post-decree property or financial disputes (excluding child-related issues) to binding arbitration under RCW 7.04A. The arbitrator shall have equitable powers; judgment may be entered in any court of competent jurisdiction.
8.4 Injunctive Relief. Nothing herein limits the Court’s authority to issue restraining orders or other injunctive relief to protect persons or property.
8.5 Jury Waiver. Family Courts in Washington sit without a jury; any civil proceedings permitted hereunder shall likewise proceed without a jury.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in writing, signed by both Parties, and approved by the Court where required.
9.2 Assignment. Personal rights and obligations hereunder are non-assignable absent written consent and court approval.
9.3 Severability. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted.
9.4 Integration. This Agreement constitutes the entire understanding between the Parties, superseding all prior oral or written agreements.
9.5 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.6 Counterparts; Electronic Signatures. The Agreement may be executed in counterparts, each deemed an original. Electronic signatures are valid and enforceable under RCW 19.360.
9.7 Headings. Headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

State of Washington )
County of [____] ) ss.

On this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [NAME] and [NAME], known to me or proved on the basis of satisfactory evidence to be the individuals who executed the foregoing instrument, and acknowledged it to be their free and voluntary act for the uses and purposes therein stated.

Notary Public in and for Washington
My commission expires: _____

11. EXHIBITS & SCHEDULES

Exhibit A – Optional List of Separate Property
Exhibit B – Washington State Parenting Plan
Exhibit C – Child Support Worksheets
Schedule 1A – Asset Allocation to Spouse A
Schedule 1B – Asset Allocation to Spouse B
Schedule 1C – Marital Residence Disposition
Schedule 2 – Debt Allocation

[// GUIDANCE: Tailor schedules to client’s asset mix; confirm real-property legal description per county recorder requirements.]