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The following form is a sample of what a property settlement agreement between divorcing spouses may look like. Note that this form covers property issues only, and not child or spousal support or custody issues. Some settlement agreements incorporate all of these aspects of marriage dissolution. The following example, however, is the type of agreement that may be used when the parties are able to resolve their property disputes, but not issues relating to the children or financial support, which are reserved for trial. Whether the agreement is comprehensive and covers all issues in the divorce or only some of the issues, it can be incorporated into the divorce decree and thereby become a legally binding part of the final judgment.

PROPERTY SETTLEMENT AGREEMENT

__________________, hereinafter referred to as "Petitioner," and _________________, hereinafter referred to as "Respondent," hereby agree to the following: 

A. Preliminary Matters

1. Petitioner and Respondent were lawfully married on ____________, ______, at ______________ (city), ______________ (state), in the County of ________________. Because certain irreconcilable problems have developed between Petitioner and Respondent, they have agreed to live separately and apart, have filed for divorce, and are attempting to resolve the property issues between them without going to trial.

2. Petitioner and Respondent have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement.

3. Petitioner and Respondent have each been advised and counseled by attorneys of their choosing regarding their legal rights as related to this agreement.

4. This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce or dissolution.

5. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to his or her reasonable costs and attorney's fees.