Marital Agreement
Marital Settlement Agreement
Settle property, debts, support, and arrangements for children on agreed terms — the document a court reviews when a divorce is uncontested.
Available product levels
Advanced Legal Documents
$49.99Deeper planning, state-specific formalities, and supporting documents.
When to use this document
- An uncontested divorce where both spouses agree on the terms
- Recording a full settlement before filing, to keep the process simple
- Dividing property, retirement accounts, and debts by agreement
- Setting out parenting arrangements and support for the court to review
Information you will need
- Both spouses' details and the status of the marriage
- Whether each spouse had independent counsel
- A full disclosure of assets, debts, and income from both sides
- How real property, personal property, accounts, and debts are divided
- Spousal support terms, if any
- Parenting arrangements and child support, subject to court review
- The governing state
What you receive
- A Marital Settlement Agreement covering property, debts, support, and children
- Signature blocks with notary acknowledgment
- Completion and signing instructions
- PDF and editable DOCX export
Special situations
- This agreement does not end a marriage. Only a court can do that, through the divorce process in your state. Signing this and filing nothing leaves you married.
- Child support and custody terms are subject to court review against the child's best interests. A court can decline terms the parents agreed, particularly on support.
- Dividing a retirement account usually requires a separate court order, often a qualified domestic relations order. The agreement records what you decided; the order is what moves the money.
- Full disclosure protects the agreement. Where one spouse later shows the other concealed assets, the settlement can be reopened.
- Where there has been abuse, coercion, or a significant imbalance in information or bargaining power, get advice before signing anything.
Jurisdiction
Divorce procedure, property division principles, support guidelines, waiting periods, and required disclosures are all set by state law and vary considerably, including between community property and equitable distribution states. This agreement states no waiting period, formula, or filing requirement.
Frequently asked questions
Does signing this divorce us?
No, and the agreement has an article saying so expressly. A marriage ends only by court order. This document settles the terms so the divorce can proceed as uncontested — you still have to file, and the court still has to act.
Will the court accept whatever we agree?
On property and debts between two informed adults, usually. On children, no: custody, parenting time, and child support are reviewed against the child's best interests, and a court can decline terms the parents agreed, especially where support falls below guidelines.
How do we split a 401(k) or pension?
Generally through a separate court order — often a qualified domestic relations order — which the plan administrator requires before transferring anything. The settlement records the decision; the order is what carries it out. Dividing a retirement account without one can trigger tax and penalties.
Do we both need lawyers?
One lawyer cannot represent both spouses, whatever the arrangement is called. The agreement records each spouse's counsel status because independent advice is what makes a settlement hard to challenge later, particularly where the division is uneven.
What if my spouse hid assets?
A settlement reached without full disclosure can generally be reopened. That is why both sides disclose, and why the agreement records that disclosure happened — it protects the spouse who was honest.
Can we change it later?
Property division is normally final once ordered. Support and arrangements for children can usually be modified when circumstances change materially, since courts retain authority over both.
Related documents and guides
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Last reviewed July 29, 2026.