Free Divorce Agreement Template

A divorce agreement (also known as a divorce settlement agreement) is a written contract between spouses ending their marriage. It outlines key terms like:

• How assets and debts will be divided
• Whether either spouse will receive alimony
• Custody, visitation, and child support for shared children

This agreement helps spouses avoid a lengthy court battle. Once signed and approved by a judge, it becomes legally binding and part of the final divorce decree.

You can write a divorce agreement by working through each key section of the divorce and recording what you and your spouse agree to. Our template walks you through the details and ensures you include everything required.

1. Identify the Parties and List Basic Details

Start with the full names and addresses of both spouses. Note which spouse is filing (the petitioner or plaintiff) and which is responding (the respondent or defendant). Also include:

• Date of marriage and the place where it occurred
• Date you began living separately
• The names and ages of any children born to the marriage
• Whether either spouse is in the military (for benefit and support considerations)

This section helps tie the agreement to your marriage and legal separation timeline.

2. Provide Financial Disclosures

Before dividing anything, both spouses should share a complete picture of their finances. This includes income, assets and debts.

To keep things fair and transparent you can attach a financial affidavit to the agreement.

If either side hides information the court may not approve the agreement or could reopen the case later.

3. Outline Spousal Support Terms

Decide if one spouse will pay the other alimony, and if so list:

• Amount and payment schedule
• Start and end dates
• Whether payments can be modified
• If life insurance is required to cover future payments

You can also state that neither spouse will seek alimony.

4. Define Custody and Visitation Arrangements

If you have children together, state:

• Who will have legal custody (decision-making rights)
• Who will have physical custody (day-to-day care)
• The parenting schedule (weekdays, weekends, holidays)
• How exchanges and travel will be handled

You can use a separate parenting plan to expand on these terms. If children are involved, a child medical consent form ensures caregivers can make health decisions when needed.

5. Set Child Support and Expense Sharing

Outline how child support will work going forward. Include who pays, how much, and when payments are due.

You should also cover how parents will divide other child-related costs, such as:

• Medical expenses and insurance
• School tuition
• Childcare
• Extracurricular activities

If you expect future changes add a clause that allows support terms to be reviewed or adjusted based on income, custody or other life events.

6. Divide Property and Debts

List all shared assets and debts and how they will be divided. This may include:

• The marital home
• Vehicles
• Joint bank accounts
• Retirement accounts
• Credit card debt
• Medical bills
• Life insurance policies
• Personal belongings

If one spouse will keep the home, note how ownership will transfer and who will handle the mortgage, taxes and maintenance. Be specific to avoid confusion later. Use a separation agreement if you want to settle property division and support terms before the divorce is finalized.

7. Add Final Terms

Use this section to cover anything not addressed above, such as:

• Changing back to a previous last name
• How digital accounts or pets will be divided
• How disputes over the agreement will be resolved
• Which state’s laws will apply

You can also include a clause waiving the right to future claims.

8. Sign and Notarize the Agreement

Both spouses must sign the agreement in front of a notary. Notarization confirms the document is legitimate and can be submitted to court for approval. After signing:

• Make copies for both spouses
• File it with the correct court when finalizing the divorce

Once signed and notarized, your agreement may go to a judge for review. If it’s fair and complies with state law, the court will approve it and attach it to your divorce decree. After that, the agreement becomes legally enforceable. In some states, you may have the option of having the agreement remain as a private contract so that it is not attached to your divorce decree but is still enforceable.

If you want to change the agreement later, you may need to go back to court and show a valid reason, such as a change in income or an incomplete disclosure.

A divorce agreement is just one part of the full paperwork. You may also need the following documents to complete the process:

• Divorce petition: The formal request asking the court to end your marriage
• Proof of service: Confirms that your spouse received a copy of the petition
• Financial affidavit: Lists each spouse’s income, assets, debts, and expenses
• Child-related forms: Used to set terms for custody, parenting time, and support
• Divorce decree: The final court order that makes the divorce official

Your local court may have additional requirements, depending on your state and whether the divorce is contested or uncontested.