Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Mississippi

TABLE OF CONTENTS

1. Parties and Recitals
2. Divorce Grounds and Procedure
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts and Retirement
6. Debt Allocation
7. Alimony / Spousal Support
8. Insurance Provisions
9. Tax Provisions
10. Mutual Releases and Waivers
11. General Provisions
12. Execution and Notarization

1. PARTIES AND RECITALS

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

Complainant: [________________________________] ("Complainant")
Address: [________________________________]
County of Residence: [________________________________]

Defendant: [________________________________] ("Defendant")
Address: [________________________________]
County of Residence: [________________________________]

RECITALS:

A. The parties were married on [__/__/____] in [________________________________].

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

C. Irreconcilable differences have arisen between the parties within the meaning of Miss. Code Ann. § 93-5-2.

D. The parties desire to settle all issues of property division, debt allocation, and alimony.

E. Both parties have made full and complete financial disclosure.

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

2. DIVORCE GROUNDS AND PROCEDURE

2.1. The parties consent to an irreconcilable differences divorce pursuant to Miss. Code Ann. § 93-5-2.

2.2. This Agreement constitutes the Property Settlement Agreement required by § 93-5-2 for an irreconcilable differences divorce.

2.3. Both parties consent to the entry of a Final Judgment of Divorce after the expiration of the 60-day waiting period.

2.4. This Agreement shall be filed with the Joint Complaint for Divorce on the Ground of Irreconcilable Differences in the Chancery Court of [________________________________] County, Mississippi.

3. DIVISION OF REAL PROPERTY

3.1. Separate Property: Each party retains their separate property:

Complainant's Separate Property:

• [________________________________]

Defendant's Separate Property:

• [________________________________]

3.2. Marital Residence:
The property located at [________________________________] shall be:

☐ Awarded to Complainant
☐ Awarded to Defendant
☐ Sold and net proceeds divided as follows: [________________________________]

3.3. The non-retaining party shall execute a warranty deed or quitclaim deed within [____] days of entry of the Final Judgment.

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

3.5. Other Real Property:

4. DIVISION OF PERSONAL PROPERTY

4.1. Each party shall retain personal property currently in their possession.

4.2. The following items shall be distributed:

To Complainant:

• [________________________________]
• [________________________________]

To Defendant:

• [________________________________]
• [________________________________]

4.3. Vehicles:

5. DIVISION OF FINANCIAL ACCOUNTS AND RETIREMENT

5.1. Bank Accounts:

5.2. Retirement and Pension Accounts:

5.3. Where a QDRO is required, the parties shall cooperate. Costs borne by [________________________________].

5.4. Investment Accounts:

6. DEBT ALLOCATION

6.1. Debts allocated as follows:

Complainant shall assume and pay:

Defendant shall assume and pay:

6.2. Each party shall indemnify and hold harmless the other.

6.3. Neither party shall incur further debt in the other's name.

7. ALIMONY / SPOUSAL SUPPORT

7.1. The parties agree to the following:

☐ No Alimony. Neither party shall pay alimony. Each party waives all claims.

☐ Periodic Alimony. [________________] shall pay [________________] $[________] per month beginning [__/__/____] until [__/__/____] or further order of Court.

☐ Rehabilitative Alimony. [________________] shall pay [________________] $[________] per month for [____] months for retraining or education.

☐ Lump Sum Alimony. [________________] shall pay [________________] $[________] as a lump sum.

7.2. Periodic alimony terminates upon: (a) death of either party; (b) remarriage of the recipient; (c) cohabitation of the recipient; or (d) the specified end date.

7.3. Lump sum alimony is non-modifiable. Periodic alimony may be modified upon petition and showing of material change in circumstances.

8. INSURANCE PROVISIONS

8.1. Health Insurance: Each party shall obtain their own coverage after the Judgment.

8.2. Life Insurance:
☐ No obligation.
☐ [________________] shall maintain a policy of $[________] naming [________________] as beneficiary until alimony obligations end.

8.3. Auto Insurance: Each party insures their own vehicles.

9. TAX PROVISIONS

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

9.2. Each party is responsible for their own taxes after divorce.

9.3. Mutual indemnification for tax liabilities.

10. MUTUAL RELEASES AND WAIVERS

10.1. Each party releases the other from all claims arising from the marriage.

10.2. Each party waives inheritance rights from the other's estate.

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

11. GENERAL PROVISIONS

11.1. Entire Agreement. This is the complete agreement.

11.2. Modifications. Property division is final. Alimony may be modified as stated.

11.3. Governing Law. Governed by Mississippi Code Title 93 and applicable case law.

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

11.5. Incorporation. This Agreement shall be incorporated into the Final Judgment of Divorce.

11.6. Voluntary Execution. Signed voluntarily, free from duress.

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

11.8. Name Restoration:
☐ Complainant requests restoration: [________________________________]
☐ Defendant requests restoration: [________________________________]
☐ Neither party requests restoration.

12. EXECUTION AND NOTARIZATION

COMPLAINANT:

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

DEFENDANT:

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

NOTARIZATION

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Complainant), who after being duly sworn, acknowledged the execution of this Agreement as their voluntary act and deed.

Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Defendant), who after being duly sworn, acknowledged the execution of this Agreement as their voluntary act and deed.

Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

MISSISSIPPI-SPECIFIC NOTES

1. Case-Law Equitable Distribution: Mississippi has no detailed statutory scheme for property division. Equitable distribution is governed by Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994), which established the guidelines courts must follow.

2. Marital Property Presumption: Under Hemsley v. Hemsley, 639 So.2d 909 (Miss. 1994), assets acquired during marriage are presumed marital and subject to equitable division.

3. Irreconcilable Differences Requires Consent: Both parties must consent to an irreconcilable differences divorce (§ 93-5-2). If one party does not consent, the filing party must prove fault-based grounds.

4. 60-Day Waiting Period: The court cannot grant an irreconcilable differences divorce until 60 days after filing the joint complaint.

5. Fault May Affect Alimony: Unlike property division, fault can be considered in alimony awards. An adulterous spouse may be barred from receiving alimony.

6. Chancery Court Jurisdiction: Divorce cases are filed in the Chancery Court, not Circuit Court.

7. Residency: At least one party must have been a bona fide resident of Mississippi for six months before filing (§ 93-5-5).

8. Alimony Is Secondary: Under Mississippi law, alimony is awarded only after property division, and only if the property division is insufficient to meet a spouse's needs.

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