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What is a Divorce Settlement Agreement?
A divorce settlement agreement is a legally binding contract between divorcing spouses that resolves all matters of their marriage — including property division, child custody, child support, spousal support, and debt allocation — without going to trial.
When do you need one?
You need a divorce settlement agreement when filing for an uncontested divorce (where both spouses agree on terms), when mediating a divorce, or when formalizing a separation agreement before or during divorce proceedings.
Does it need to be notarized?
Yes. Most courts require the divorce settlement agreement to be notarized before it can be filed. Notarization verifies both spouses signed voluntarily and confirms their identities.
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Frequently asked questions
- Does a divorce settlement agreement need to be notarized?
- Yes. Most courts require notarization for the agreement to be filed and approved by a judge.
- Can we write our own divorce settlement agreement?
- Yes. Spouses can draft their own agreement, but it must comply with state law. Having it reviewed by an attorney is recommended. It must still be notarized and approved by the court.
- Is a divorce settlement agreement the same as a divorce decree?
- No. The settlement agreement is a contract between the spouses. The divorce decree is the court order that finalizes the divorce. The court typically incorporates the settlement into the decree.