Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Louisiana

TABLE OF CONTENTS

1. Parties and Recitals
2. Divorce and Grounds
3. Classification and Partition of Community Property
4. Division of Real Property (Immovable Property)
5. Division of Personal Property (Movable Property)
6. Division of Financial Accounts and Retirement
7. Debt Allocation (Community Obligations)
8. Spousal Support
9. Insurance Provisions
10. Tax Provisions
11. Mutual Releases and Waivers
12. General Provisions
13. Execution and Notarization

1. PARTIES AND RECITALS

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

Petitioner: [________________________________] ("Petitioner")
Address: [________________________________]
Parish of Residence: [________________________________]

Respondent: [________________________________] ("Respondent")
Address: [________________________________]
Parish of Residence: [________________________________]

RECITALS:

A. The parties were married on [__/__/____] in [________________________________] (City/Parish, State).

B. No minor children were born of or adopted during this marriage, and neither party is currently pregnant.

C. The parties desire to obtain a divorce pursuant to La. C.C. Art. 103.

D. The parties have been living separate and apart for the required statutory period.

E. The parties desire to partition all community property and settle all claims arising from the matrimonial regime.

F. Both parties have made full disclosure of all community and separate property, assets, and liabilities.

G. Both parties have had the opportunity to retain independent legal counsel.

2. DIVORCE AND GROUNDS

2.1. The parties seek divorce pursuant to La. C.C. Art. 103.

☐ The parties have lived separate and apart continuously for 180 days or more from the date of service of the petition (La. C.C. Art. 103.1(1)).
☐ The parties have entered a joint petition and have lived separate and apart for the required period.

2.2. This Agreement shall be submitted to the Court as an extrajudicial partition of community property and settlement of all claims arising from the matrimonial regime.

3. CLASSIFICATION AND PARTITION OF COMMUNITY PROPERTY

3.1. The parties agree to the following classification of property:

Community Property (Acquets and Gains): All property acquired during the marriage through the effort of either spouse, except as classified as separate property below.

Separate Property:

Petitioner's Separate Property:

• [________________________________]
• [________________________________]

Respondent's Separate Property:

• [________________________________]
• [________________________________]

3.2. Each party retains their separate property in full.

3.3. Community property shall be partitioned so that each spouse receives property of equal net value, consistent with La. R.S. 9:2801(4)(b).

4. DIVISION OF REAL PROPERTY

4.1. Marital Residence (Family Home):
The immovable property located at [________________________________], Parish of [________________________________], shall be:

☐ Awarded to Petitioner
☐ Awarded to Respondent
☐ Sold and net proceeds divided equally

4.2. The non-retaining party shall execute an Act of Transfer or quitclaim deed before a Louisiana Notary Public within [____] days of the judgment of divorce.

4.3. The retaining party assumes sole responsibility for mortgage, property taxes, insurance, and maintenance.

4.4. Other Immovable Property:

5. DIVISION OF PERSONAL PROPERTY

5.1. Each party shall retain movable property currently in their possession.

5.2. The following items shall be distributed:

To Petitioner:

• [________________________________]
• [________________________________]

To Respondent:

• [________________________________]
• [________________________________]

5.3. Vehicles:

6. DIVISION OF FINANCIAL ACCOUNTS AND RETIREMENT

6.1. Bank Accounts:

6.2. Retirement and Pension Accounts:

6.3. The parties shall cooperate in preparing any required QDRO/DRO. Costs borne by [________________________________].

6.4. Investment Accounts:

7. DEBT ALLOCATION

7.1. Community Obligations:

Petitioner shall assume and pay:

Respondent shall assume and pay:

7.2. Each party shall indemnify and hold the other harmless. However, the parties acknowledge that allocation between them does not affect creditor rights (La. R.S. 9:2801(4)(c)).

7.3. Neither party shall incur further community obligations.

8. SPOUSAL SUPPORT

8.1. The parties agree to the following:

☐ No Spousal Support. Neither party shall pay support. Each party waives all claims.

☐ Final Periodic Support. [________________] shall pay [________________] $[________] per month beginning [__/__/____] and ending [__/__/____], not to exceed one-third of the obligor's net income per La. C.C. Art. 112(D).

☐ Lump Sum Support. [________________] shall pay [________________] $[________] as a lump sum in lieu of periodic support.

8.2. Support terminates upon: (a) death of either party; (b) remarriage of the recipient; (c) the recipient's living in open concubinage (La. C.C. Art. 115); or (d) the specified date.

8.3. Support is modifiable upon substantial change in circumstances.

9. INSURANCE PROVISIONS

9.1. Health Insurance: Each party shall obtain their own coverage after the divorce.

9.2. Life Insurance:
☐ No obligation.
☐ [________________] shall maintain a policy of $[________] naming [________________] as beneficiary until all obligations are satisfied.

9.3. Auto Insurance: Each party insures their own awarded vehicles.

10. TAX PROVISIONS

10.1. For tax year [____]:
☐ File jointly and divide refund/liability equally.
☐ File jointly with alternate division: [________________________________].
☐ File separately.

10.2. Each party is responsible for their own taxes after dissolution.

10.3. Mutual indemnification for tax liabilities from joint returns.

11. MUTUAL RELEASES AND WAIVERS

11.1. Each party releases the other from all claims arising from the marriage and community property regime, except as preserved herein.

11.2. Each party waives succession rights under Louisiana law, including the marital portion (La. C.C. Art. 2432).

11.3. Each party shall update estate documents within [____] days.

11.4. The parties waive any claims for reimbursement under La. C.C. Art. 2364 (reimbursement for community/separate property) except as otherwise addressed herein.

12. GENERAL PROVISIONS

12.1. Entire Agreement. This is the complete agreement between the parties.

12.2. Equalizing Payment. If the allocation results in unequal net values:
☐ No equalizing payment required.
☐ [________________] shall pay [________________] $[________] as an equalizing payment per La. R.S. 9:2801(4)(d).

12.3. Governing Law. Governed by the Louisiana Civil Code and Louisiana Revised Statutes.

12.4. Severability. Invalid provisions do not affect the remainder.

12.5. Incorporation. The parties request that this Agreement be incorporated into the judgment of divorce.

12.6. Voluntary Execution. Signed voluntarily and free from duress.

12.7. Attorney Fees. Each party pays their own fees.

12.8. Lesion. The parties acknowledge understanding of lesion beyond moiety under Louisiana law and waive any claim of lesion.

13. EXECUTION AND NOTARIZATION

PETITIONER:

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

RESPONDENT:

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

NOTARIZATION

STATE OF LOUISIANA
PARISH OF [________________________________]

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the State of Louisiana, and in the presence of the undersigned competent witnesses, personally came and appeared:

[________________________________] ("Petitioner") and [________________________________] ("Respondent"),

who, after being duly sworn, declared that they have executed the foregoing Marital Settlement Agreement and Community Property Partition freely and voluntarily and for the purposes therein expressed.

THUS DONE AND SIGNED on this [____] day of [________________], [____], at [________________________________], Louisiana, in the presence of the undersigned witnesses and me, Notary.

Petitioner Signature: ________________________________
Respondent Signature: ________________________________

WITNESSES:

Witness 1 Signature: ________________________________
Printed Name: [________________________________]

Witness 2 Signature: ________________________________
Printed Name: [________________________________]

NOTARY PUBLIC:

Signature: ________________________________
Printed Name: [________________________________]
Notary ID / Bar Roll No.: [________________]
My Commission: ☐ Statewide ☐ Parish of [________________________________]

LOUISIANA-SPECIFIC NOTES

1. Community Property State: Louisiana is one of nine community property states. All property acquired during the marriage through the effort of either spouse is community property (La. C.C. Art. 2338). Community property is divided equally.

2. Separate Property: Property acquired before marriage, by inheritance, or by donation to one spouse individually is separate (La. C.C. Art. 2341).

3. Extrajudicial vs. Judicial Partition: Spouses may partition community property by private agreement (extrajudicial) at any time, even before termination of the community regime (La. C.C. Art. 2336). Judicial partition follows La. R.S. 9:2801.

4. One-Third Cap on Support: Final periodic support generally cannot exceed one-third of the obligor's net income (La. C.C. Art. 112(D)).

5. Fault Consideration: Final periodic support under Art. 112 is available only to a spouse who has not been at fault. If awarded under Art. 103(2)-(5) (domestic abuse grounds), the claimant is presumed entitled to support.

6. Prescription Periods: Claims for reimbursement under La. C.C. Art. 2364 and contributions to education under Art. 121 prescribe three years from the date of the divorce judgment.

7. Authentic Acts: Transfers of immovable property must be in authentic form (before a Notary and two witnesses).

8. Residency: At least one spouse must be domiciled in Louisiana at the time of filing (La. C.C.P. Art. 10(A)(7)).

This template is provided for informational and educational purposes only by ezel.ai. It does not constitute legal advice. Consult a Louisiana-licensed attorney before use.