Marital Settlement Agreement (No Children) - Delaware

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — DELAWARE

TABLE OF CONTENTS

1. Parties and Recitals
2. Separation and Grounds
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts
6. Retirement and Pension Benefits
7. Debt Allocation
8. Alimony
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Integration and Severability
13. Execution and Notarization
14. Delaware Jurisdictional Notes

1. PARTIES AND RECITALS

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Spouse 1 (Petitioner): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2 (Respondent): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were lawfully married on [__/__/____] in [________________________________] (city/county, state). The Parties separated on or about [__/__/____]. There are no minor or dependent children born of or adopted during this marriage, and neither Party is currently pregnant. Both Parties have made full and fair financial disclosure, have had the opportunity to consult with independent legal counsel, and enter this Agreement voluntarily and without coercion.

2. SEPARATION AND GROUNDS

The marriage is irretrievably broken. The Parties assert the following ground(s):

☐ Voluntary separation — the Parties have voluntarily lived separate and apart without cohabitation.
☐ Separation caused by respondent's misconduct (specify): [________________________________]
☐ Separation caused by respondent’s mental illness.
☐ Separation caused by incompatibility.

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 shall retain the marital residence and refinance the mortgage solely in his/her name within [____] days of the Final Decree.
☐ Spouse 2 shall retain the marital residence and refinance the mortgage solely in his/her name within [____] days of the Final Decree.
☐ The marital residence shall be listed for sale within [____] days; net proceeds divided as follows: [________________________________].
☐ No real property is owned by the Parties.

Other Real Property: [________________________________]
Disposition: [________________________________]

The retaining Party shall execute all deeds, title transfers, and related documents within [____] days of the Final Decree.

4. DIVISION OF PERSONAL PROPERTY

Vehicles:

The Party receiving a vehicle shall be responsible for all associated loan payments, insurance, and registration.

Household Furnishings and Personal Effects:

☐ The Parties have already divided personal property to their mutual satisfaction.
☐ Division per attached Exhibit A — Personal Property Schedule.

5. DIVISION OF FINANCIAL ACCOUNTS

6. RETIREMENT AND PENSION BENEFITS

☐ Any separate order or transfer instrument required by the applicable retirement plan shall be prepared and submitted if a retirement benefit is divided.
☐ Each Party retains his/her own retirement accounts without division.

7. DEBT ALLOCATION

The responsible Party shall indemnify and hold harmless the other Party from any liability arising from the debts assigned above. Neither Party shall incur additional joint debt from the date of this Agreement.

8. ALIMONY

☐ Neither Party shall pay alimony to the other.
☐ [PAYOR SPOUSE] shall pay [RECIPIENT SPOUSE] as follows:

• Amount: $[________] per ☐ week ☐ month
• Duration: From [__/__/____] to [__/__/____]
• Marriage Duration: [____] years; if under 20 years, maximum eligibility under § 1512(d): [____] years (50% of marriage term)
• Payment Method: [________________________________]

Termination Events (13 Del. C. §§ 1512(g), 1519(b)):
☐ Death of either Party
☐ Remarriage of the receiving Party
☐ Cohabitation of the receiving Party as defined in § 1512(g): regularly residing with another adult while holding themselves out as a couple
☐ Expiration of the term specified above
☐ Other: [________________________________]

☐ Each Party waives that Party's right to seek alimony under § 1512 by this written Agreement. The Parties request that the decree reflect this waiver.

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party shall maintain his/her own health insurance following the divorce.
☐ If the other Party obtains continuation coverage under an available plan, [SPOUSE] shall reimburse [AMOUNT OR PERCENTAGE] of its premium for [____] months, subject to the plan’s terms and applicable law.

Life Insurance:
☐ Not applicable.
☐ [SPOUSE] shall maintain a life insurance policy in the amount of $[________] naming the other Party as beneficiary for [____] years to secure alimony/property obligations.

10. TAX FILING AND OBLIGATIONS

☐ If permitted under applicable tax law, the Parties shall file jointly for the tax year [____], with refunds/liabilities split as follows: [________________________________].
☐ Each Party shall use an individual filing status for the tax year [____], if required or eligible under applicable tax law.
☐ The Parties shall cooperate in the filing of any amended returns as necessary.

Each Party shall indemnify the other for any tax liability, penalties, or interest arising from his/her own income or deductions.

11. MUTUAL RELEASE AND WAIVER

Except for obligations preserved in this Agreement and rights that cannot be waived in this instrument, each Party releases claims against the other arising from the marital relationship to the extent permitted by applicable law. Any beneficiary designation or estate right that requires a separate change, consent, or court order must be addressed through that required process.

12. INTEGRATION AND SEVERABILITY

This Agreement constitutes the entire understanding between the Parties. It supersedes all prior negotiations, representations, and agreements. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Parties shall present this Agreement to the Family Court and request that its approved terms be included in the Final Decree of Divorce or a separate order.

13. EXECUTION AND NOTARIZATION

SPOUSE 1:

Signature: ________________________________ Date: [__/__/____]
Printed Name: [________________________________]

SPOUSE 2:

Signature: ________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTARY ACKNOWLEDGMENT

STATE OF DELAWARE
COUNTY OF [________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] and [________________________________], known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed herein, and acknowledged that they executed the same voluntarily for the purposes therein stated.

Notary Public: ________________________________
My Commission Expires: [__/__/____]
[SEAL]

14. DELAWARE JURISDICTIONAL NOTES

• Residency: Ordinarily, at least one spouse must have actually resided continuously in Delaware for 6 months before filing, or have been stationed there continuously for that period as a member of the U.S. armed services (13 Del. C. § 1504(a)); the special same-gender-marriage provision in that subsection may provide another route.
• Filing and timing: A divorce petition may be filed after separation once § 1504(a) jurisdiction is met. For grounds other than separation caused by respondent's misconduct, § 1503(8) requires six months of separation before a ruling. Section 1507(c) places the petition in the county where either petitioner or respondent resides.
• Grounds: Section 1505 requires irretrievable breakdown and improbable reconciliation. The marriage may be characterized by voluntary separation or separation caused by misconduct, mental illness, or incompatibility.
• Property classification: Section 1513 calls for equitable division on request. Property acquired after marriage is presumed marital, subject to the exclusions in § 1513(b), including conditions for gifts and inheritances. Outright gifts between spouses remain marital property. Section 1513(b)(2) also includes jointly titled premarital real property unless the parties validly exclude it.
• Alimony: Section 1512 governs dependency, amount, duration, and cohabitation. Section 1519(b) governs death and remarriage termination unless a contrary written agreement is expressly in the decree; § 1512(g) separately allows a contrary written agreement concerning cohabitation.
• Jurisdiction: Section 1504(a) ordinarily requires six months of Delaware residence or military stationing by one spouse, subject to its special same-gender-marriage jurisdiction provision.

Official sources

• 13 Del. C. ch. 15, divorce, property, and alimony

This template is provided for informational purposes by ezel.ai and does not constitute legal advice. Consult a licensed Delaware attorney before executing this document.