DIVORCE SETTLEMENT AGREEMENT
State of Wisconsin
[// GUIDANCE: Delete all bracketed guidance before filing. Complete every placeholder in ALL-CAPS brackets.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Property Division
3.2 Debt Allocation
3.3 Spousal Maintenance (Alimony)
3.4 Child Custody & Placement
3.5 Child Support
3.6 Insurance & Benefits
3.7 Tax Matters
3.8 Miscellaneous Asset Provisions - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Divorce Settlement Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
• [FULL LEGAL NAME OF PETITIONER], an adult individual residing at [ADDRESS] (“[PETITIONER SHORT NAME]”); and
• [FULL LEGAL NAME OF RESPONDENT], an adult individual residing at [ADDRESS] (“[RESPONDENT SHORT NAME]”).
Each a “Party” and, collectively, the “Parties.”
A. The Parties were lawfully married on [DATE] in [LOCATION] and are presently parties to an action for divorce in the Circuit Court of [COUNTY] County, Wisconsin, Case No. [CASE NUMBER] (the “Divorce Action”).
B. The Parties desire to settle finally, fully, and completely all matters arising out of their marriage, including property division, spousal maintenance, child custody and placement, child support, and all other rights and obligations.
C. The Parties intend that this Agreement be incorporated by reference into any Judgment of Divorce entered in the Divorce Action and, upon court approval, merged therein and survive to the extent stated.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms defined in one Section have the same meaning throughout. Alphabetical order is used for ease of reference.
“Agreement” – This Divorce Settlement Agreement and all Schedules, Exhibits, and duly executed amendments.
“Child” or “Children” – The minor child(ren) of the Parties: [NAME], born [DOB]; [NAME], born [DOB].
“Court” – The Circuit Court of [COUNTY] County, Wisconsin, Family Division.
“Judgment of Divorce” – The final judgment to be entered in the Divorce Action.
“Marital Property” – Property subject to division under Wis. Stat. § 767.61 and Wis. Stat. ch. 766.
“Separate Property” – Assets statutorily or judicially characterized as non-marital or individual property, exempt from division.
“Support” – Court-ordered child support, medical support, variable and shared-placement support, and any spousal maintenance.
3. OPERATIVE PROVISIONS
3.1 Property Division
3.1.1 Equal Division Presumption. The Parties acknowledge Wisconsin’s statutory presumption of equal division of Marital Property. See Wis. Stat. § 767.61.
3.1.2 Allocation. The Parties agree to divide their assets and liabilities as set forth on Schedule A (Asset Allocation) and Schedule B (Debt Allocation), hereby incorporated. Title shall transfer on or before [DATE].
3.1.3 Real Property. Within ten (10) days after entry of Judgment of Divorce, the transferring Party shall execute a Wisconsin Quit Claim Deed conveying his/her interest in the marital residence located at [ADDRESS] to the receiving Party. The receiving Party shall, within ninety (90) days, refinance to remove the transferring Party from any mortgage obligations.
3.1.4 Retirement Accounts. Transfers shall be accomplished via a Qualified Domestic Relations Order (“QDRO”) drafted by [QDRO PREPARER] at shared expense, to be completed within sixty (60) days of the Effective Date.
3.1.5 Personal Property. Personal property already divided shall remain as currently held. Any disputed items shall be submitted to binding appraisal or sold at public or private sale with net proceeds divided equally.
[// GUIDANCE: Attach detailed asset schedules listing fair-market values and designate which Party receives each item. Use neutral appraisers where value is uncertain.]
3.2 Debt Allocation
3.2.1 Marital Debts. Responsibility for debts listed on Schedule B shall be assumed by the designated Party; each Party shall indemnify and hold the other harmless from claims relating thereto, subject to Section 7 (Risk Allocation).
3.2.2 Joint Debt Refinancing. Each Party shall use best efforts to refinance or otherwise remove the other’s liability for any joint debt assumed, within ninety (90) days after the Effective Date.
3.3 Spousal Maintenance (Alimony)
3.3.1 Waiver or Award.
⎯ Option A (Waiver): Each Party irrevocably waives spousal maintenance now and in the future under Wis. Stat. § 767.56.
⎯ Option B (Award): [PAYOR] shall pay spousal maintenance of $[AMOUNT] per month to [PAYEE] for [DURATION] commencing [START DATE], modifiable only as permitted by Wis. Stat. § 767.59.
[// GUIDANCE: Delete inapplicable option.]
3.4 Child Custody & Placement
3.4.1 Legal Custody. The Parties shall share joint legal custody pursuant to Wis. Stat. § 767.41(2)(a), unless otherwise indicated.
3.4.2 Physical Placement Schedule. The Children shall reside with the Parties in accordance with the placement schedule set forth in Schedule C (Placement Calendar).
3.4.3 Major Decisions. Major decisions (education, non-emergency health care, religion, extracurriculars) require mutual consent.
3.4.4 Right of First Refusal. If a Party requires child-care for more than [HOURS] consecutive hours during his/her placement time, the other Party shall have the first opportunity to care for the Children.
3.4.5 Relocation. Neither Party shall establish the Children’s residence outside Wisconsin or move more than [MILES] miles from [CURRENT CITY] without complying with Wis. Stat. § 767.481.
3.5 Child Support
3.5.1 Base Support. [PAYOR] shall pay child support of $[AMOUNT] per month, calculated under Wis. Stat. § 767.511 and Chapter DCF 150 guidelines, via income withholding to the Wisconsin Support Collections Trust Fund.
3.5.2 Variable Expenses. Each Party shall pay [PERCENTAGE]% of work-related child-care, tuition, and agreed extracurricular activities within fourteen (14) days of invoice.
3.5.3 Medical Support. Each Party shall maintain health insurance for the Children when available at reasonable cost; unreimbursed medical expenses shall be allocated [PERCENTAGE]%/[PERCENTAGE]% respectively.
3.5.4 Review & Modification. Support may be reviewed biennially or upon statutory substantial change in circumstances.
3.6 Insurance & Benefits
(a) Life Insurance. Each Party shall maintain life insurance in the amount of $[AMOUNT] naming the Children as irrevocable beneficiaries until the youngest child reaches age eighteen (18) or graduates high school, whichever occurs later.
(b) COBRA/Continuation. [SPOUSE] may elect continuation coverage at his/her sole cost under COBRA or comparable state law.
3.7 Tax Matters
(a) Filing Status. The Parties shall file [JOINT/SEPARATE] returns for tax year [YEAR].
(b) Dependency Exemptions. The Parties shall alternate claiming the Children as dependents beginning tax year [YEAR] with [PARENT] claiming first, provided the claiming Party is current on support obligations as of December 31.
(c) Indemnification. Each Party shall indemnify the other for false representations on any joint return, subject to the liability cap in Section 7.2.
3.8 Miscellaneous Asset Provisions
(a) Pets. Custody of family pets is allocated as follows: [DETAILS].
(b) Intellectual Property. Rights to any copyrights, patents, or royalties shall remain with the registered owner.
(c) Business Interests. Ownership interests in [BUSINESS ENTITY] shall be divided [PERCENTAGE]% to [PARTY] and [PERCENTAGE]% to [PARTY], subject to any existing operating agreement.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party has full legal capacity to execute and perform this Agreement.
4.2 Full Disclosure. Each Party has fully, fairly, and accurately disclosed all assets, liabilities, income, and expenses.
4.3 Independent Counsel. Each Party has had the opportunity to consult independent legal counsel and enters this Agreement voluntarily.
4.4 No Prior Assignment. No rights herein have been previously assigned.
4.5 Bankruptcy. Neither Party is presently in, nor anticipates filing, bankruptcy.
4.6 Survival. The representations and warranties of this Section survive the Judgment of Divorce.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Each Party shall execute all documents reasonably necessary to effectuate this Agreement (e.g., deeds, titles, QDROs).
5.2 Confidentiality & Non-Disparagement. The Parties shall keep the terms confidential (except as required by law or Court) and refrain from disparaging remarks in the presence of the Children or on social media.
5.3 Parenting Communication. The Parties will use [APP NAME] or comparable platform for all non-emergency parenting communication.
5.4 Restraining Orders & Injunctive Relief. Each Party shall refrain from harassing, intimidating, or committing any act of domestic abuse toward the other Party or the Children; either Party may seek temporary or permanent restraining orders as provided by law.
5.5 Notice of Material Changes. A Party shall give thirty (30) days’ prior written notice of any change in residence, employer, or contact information.
6. DEFAULT & REMEDIES
6.1 Event of Default. Failure to perform any material obligation after written notice and a thirty-day cure period constitutes a default.
6.2 Remedies. Upon default:
(a) Specific Performance or Contempt. The non-defaulting Party may seek specific performance or a contempt order.
(b) Monetary Damages. The defaulting Party shall pay all damages, costs, and reasonable attorneys’ fees incurred.
(c) Graduated Enforcement. Persistent default may warrant modification of placement/support, garnishment, or appointment of a receiver for asset transfers.
6.3 Cumulative Rights. Remedies are cumulative and not exclusive.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from any third-party claim, liability, cost, or expense (including attorneys’ fees) arising out of (i) the Indemnifying Party’s breach of this Agreement; or (ii) debts or obligations expressly assumed by the Indemnifying Party.
7.2 Liability Cap
The aggregate indemnification liability of either Party is limited to the net value of the Marital Property allocated to that Party under this Agreement (the “Liability Cap”). Neither Party shall be liable for punitive, exemplary, or consequential damages.
7.3 Insurance
If either Party maintains homeowner’s, renter’s, umbrella, or other personal liability insurance, that Party shall, where feasible, cause the insurer to waive subrogation rights against the other Party.
7.4 Force Majeure
Non-performance caused by acts of God, war, pandemic, or governmental order beyond a Party’s control shall not constitute default, provided the affected Party gives prompt notice and resumes performance when practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the laws of the State of Wisconsin without regard to conflict-of-laws principles.
8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Circuit Court of [COUNTY] County, Wisconsin, Family Division.
8.3 Arbitration (Limited). Disputes concerning property valuation only may, by mutual written consent, be submitted to binding arbitration under the Wisconsin Uniform Arbitration Act; child-related and support matters remain subject to Court jurisdiction.
8.4 Jury Waiver. Family court proceedings in Wisconsin are non-jury by statute; any right to a jury trial that might otherwise apply is hereby waived.
8.5 Interim Injunctive Relief. Nothing herein limits a Party’s right to seek temporary or permanent injunctive relief, including restraining orders, from the Court.
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. Neither Party may assign rights or delegate duties without prior written consent of the other Party and, where required, Court approval.
9.3 Successors & Assigns. Subject to the foregoing, this Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, the remainder shall be severed and re-formed to the minimum extent necessary to comply with law while fulfilling the Parties’ intent.
9.5 Integration. This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements regarding the subject matter.
9.6 Counterparts; Electronic Signatures. The Parties may execute this Agreement in separate counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile are binding.
9.7 Headings. Section headings are for convenience only and do not affect interpretation.
9.8 Construction. Both Parties drafted this Agreement jointly with counsel; therefore, no presumption against either Party shall arise in interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| _____ | _____ |
| [PETITIONER NAME], Petitioner | Date |
| _____ | _____ |
| [RESPONDENT NAME], Respondent | Date |
NOTARY ACKNOWLEDGMENT
State of Wisconsin )
: ss. )
County of [COUNTY] )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PETITIONER NAME] and [RESPONDENT NAME], known to me or satisfactorily proven to be the persons whose names are subscribed above, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Wisconsin
My Commission Expires: _______
SCHEDULE A – ASSET ALLOCATION
[Insert spreadsheet or table of all assets, fair-market values, and recipient Party.]
SCHEDULE B – DEBT ALLOCATION
[Insert spreadsheet or table of all liabilities, balances, and responsible Party.]
SCHEDULE C – PLACEMENT CALENDAR
[Insert detailed physical placement schedule, holidays, vacation protocols, exchange logistics.]
[// GUIDANCE: After completing placeholders and removing guidance notes, file the signed Agreement with the Court for approval. Ensure all statutory financial disclosure forms are filed concurrently as required under Wis. Stat. ch. 767 and local rules.]