MARITAL SETTLEMENT AGREEMENT

(State of North Dakota)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1. Dissolution & Incorporation into Decree
   3.2. Property Division
   3.3. Spousal Support (Alimony)
   3.4. Child Custody & Parenting Plan
   3.5. Child Support
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules & Exhibits

1. DOCUMENT HEADER

1.1 Title and Parties
This Marital Settlement Agreement (“Agreement”) is entered into by and between [HUSBAND FULL LEGAL NAME], residing at [ADDRESS] (“Husband”), and [WIFE FULL LEGAL NAME], residing at [ADDRESS] (“Wife”) (each, a “Party” and collectively, the “Parties”).

1.2 Recitals
A. The Parties were lawfully married on [DATE] in [LOCATION].
B. Irreconcilable differences have arisen between the Parties, and they desire to settle all issues arising from their marriage, including but not limited to property division, support, and the care of their minor child(ren), in a fair, complete, and final manner.
C. The Parties intend that this Agreement be approved and incorporated, but not merged, into the final Judgment and Decree of Divorce to be entered by the [COUNTY] District Court, State of North Dakota, Family Division (the “Court”).

1.3 Effective Date & Jurisdiction
This Agreement shall become effective on the date last signed below (the “Effective Date”), subject to Court approval pursuant to North Dakota Century Code (“N.D.C.C.”) Title 14.

2. DEFINITIONS

For purposes of this Agreement (including the Schedules & Exhibits), the following capitalized terms shall have the meanings set forth below. Undefined capitalized terms have their plain English meaning.

“Child” or “Children” means the Parties’ minor child(ren): [LIST FULL NAMES & DOBs].
“Court” has the meaning set forth in Section 1.2.
“Equitable Distribution” means the fair, though not necessarily equal, allocation of marital assets and liabilities pursuant to N.D.C.C. § 14-05-24.
“Marital Assets” means all property, tangible or intangible, acquired by either Party individually or jointly during the marriage that is not Separate Property.
“Parenting Plan” means the detailed custody and visitation terms set forth in Schedule B.
“Separate Property” means property determined to be non-marital under applicable North Dakota law.
[// GUIDANCE: Add additional defined terms as needed for complex estates.]

3. OPERATIVE PROVISIONS

3.1 Dissolution & Incorporation into Decree

3.1.1 The Parties shall jointly or separately file a petition for dissolution consistent with this Agreement within [__] days after the Effective Date.
3.1.2 The Parties stipulate that this Agreement is fair and reasonable and request that the Court incorporate it by reference into the Judgment and Decree of Divorce, retaining continuing jurisdiction only to enforce or modify as permitted by law.

3.2 Property Division

3.2.1 Classification. The Parties acknowledge having fully disclosed all assets and liabilities. Property is classified in Schedule A as Marital Assets or Separate Property.
3.2.2 Division Standard. Marital Assets shall be distributed in accordance with the Equitable Distribution factors set forth in N.D.C.C. § 14-05-24, reflected in Schedule A.
3.2.3 Transfers & Documentation. Each Party shall execute all deeds, titles, assignments, and other instruments necessary within [30] days following the Effective Date to effectuate the transfers described in Schedule A.
3.2.4 Retirement Accounts. Transfers incident to divorce shall be completed via Qualified Domestic Relations Orders (“QDROs”) or equivalent, at the transferring Party’s expense, within [90] days.
3.2.5 Debt Allocation. Each Party shall indemnify and hold the other harmless from any debt allocated to that Party in Schedule A.

3.3 Spousal Support (Alimony)

3.3.1 Waiver or Award. • [SELECT ONE]
(a) Waiver. Each Party irrevocably waives spousal support, present and future.
(b) Award. [HUSBAND / WIFE] shall pay rehabilitative spousal support to [RECIPIENT] in the amount of $[AMOUNT] per month for [__] months, commencing [DATE], subject to statutory review and termination events (remarriage, death, cohabitation, etc.).
3.3.2 Modifiability. Unless otherwise required by law, spousal support shall be modifiable only upon a material change in circumstances as determined by the Court.

3.4 Child Custody & Parenting Plan

3.4.1 Legal Custody. The Parties shall share joint legal custody consistent with North Dakota’s “best interests of the child” standard.
3.4.2 Physical Custody. Physical custody arrangements are set forth in the Parenting Plan (Schedule B).
3.4.3 Relocation. Neither Party shall relocate the residence of the Child outside a [____-mile] radius of [CITY] without (a) at least [60] days’ written notice to the other Party, and (b) either written consent or Court approval.
3.4.4 Decision-Making & Communication. The Parties shall confer on major decisions (education, healthcare, religion) and use a mutually agreed secure communication platform.
[// GUIDANCE: Tailor Schedule B to reflect specific parenting time, holidays, exchanges, transportation responsibilities, and dispute-resolution protocols.]

3.5 Child Support

3.5.1 Guideline Calculation. Child support shall be calculated pursuant to the North Dakota Child Support Guidelines in effect on the Effective Date.
3.5.2 Amount & Payment. [OBLIGOR] shall pay $[AMOUNT] per month, due on the [1st] day of each month, commencing [DATE], through the North Dakota State Disbursement Unit.
3.5.3 Health Insurance. [PARENT] shall maintain comprehensive health and dental insurance for the Child. Unreimbursed medical expenses shall be allocated [__]% to [HUSBAND] and [__]% to [WIFE].
3.5.4 Tax Dependency. The Parties agree that [PARENT] may claim the Child as a dependent for federal and state income tax purposes in [even/odd/all] tax years, provided the Child support obligation is current as of December 31.
3.5.5 Review & Modification. Child support shall be subject to statutory review every [18] months, or sooner upon a material change in income or needs of the Child.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party has full legal capacity to enter into and perform this Agreement.
4.2 Full Disclosure. Each Party warrants that all material information regarding assets, liabilities, income, and expenses has been fully and accurately disclosed.
4.3 No Undue Influence. Each Party has executed this Agreement voluntarily, without duress or undue influence, and after the opportunity to consult independent counsel.
4.4 Survival. The representations and warranties in this Section shall survive the Effective Date and shall not be merged into the Judgment and Decree of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute all instruments and take further actions reasonably necessary to carry out the intent of this Agreement.
5.2 Confidentiality. The Parties shall keep the financial terms of this Agreement confidential except as required by law or to enforce the Agreement.
5.3 Non-Disparagement. The Parties shall not disparage one another in the presence of the Child or on social media.
5.4 Notice of Material Changes. Each Party shall notify the other in writing within [10] days of any significant change in address, employment, or income.

6. DEFAULT & REMEDIES

6.1 Default. A Party is in default if that Party fails to perform any material obligation under this Agreement and such failure continues for [15] days after written notice.
6.2 Cure. The defaulting Party may cure within the notice period.
6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
(a) Specific performance;
(b) Contempt sanctions in the Court;
(c) Monetary damages; and
(d) Attorney’s fees and costs incurred in enforcing this Agreement.
6.4 Cumulative Remedies. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnity. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, cost, or liability arising from the Indemnifying Party’s breach of this Agreement or from debts and obligations allocated to the Indemnifying Party.
7.2 Limitation of Liability. Liability of either Party under this Agreement shall be limited to the Marital Assets received by that Party, except for intentional misconduct or fraud.
7.3 Force Majeure. Neither Party shall be liable for delays in performance caused by events beyond reasonable control (e.g., natural disasters, war). Payment obligations are not excused.
7.4 Insurance. Each Party shall maintain any insurance required to secure obligations allocated to that Party herein.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of North Dakota.
8.2 Forum Selection. The Parties submit to exclusive jurisdiction of the [COUNTY] District Court, Family Division, State of North Dakota for all proceedings relating to this Agreement.
8.3 Mediation. Prior to filing any motion to enforce or modify, the Parties shall participate in at least [4] hours of good-faith mediation with a mutually agreed ND-qualified mediator, unless an emergency affects the Child’s welfare.
8.4 Arbitration (Limited). Financial disputes (excluding custody or support) totaling less than $[25,000] may, by mutual written consent, be submitted to binding arbitration under the North Dakota Uniform Arbitration Act.
8.5 Injunctive Relief. Nothing in this Section limits a Party’s right to seek immediate injunctive or restraining orders from the Court to protect persons or property.
8.6 Jury Waiver. Not applicable—family matters are adjudicated without a jury under North Dakota law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both Parties and, where required, approved by the Court.
9.2 Assignment. No rights or obligations may be assigned, except that either Party may designate a successor payee for spousal or child support in case of death or incapacity, consistent with law.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, administrators, executors, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in effect and the invalid provision shall be reformed to the minimum extent necessary.
9.5 Entire Agreement. This Agreement, including Schedules & Exhibits, constitutes the entire understanding between the Parties, superseding all prior agreements.
9.6 Counterparts. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument.
9.7 Electronic Signatures. Electronic signatures and scanned PDFs shall be deemed originals for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the Effective Date.

Notarization
State of North Dakota )
County of [COUNTY] ) ss.

On this _ day of _, 20__, before me, a Notary Public in and for said state, personally appeared [HUSBAND FULL LEGAL NAME] and [WIFE FULL LEGAL NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _______

[// GUIDANCE: Verify county-specific notary wording and attach attorney certificates if local rules require.]

11. SCHEDULES & EXHIBITS

• Schedule A – Asset & Debt Allocation Statement
• Schedule B – Parenting Plan & Visitation Schedule
• Schedule C – QDRO/Retirement Division Instructions (if applicable)
• Exhibit 1 – Financial Affidavits of Husband and Wife
• Exhibit 2 – Child Support Guideline Worksheet

[// GUIDANCE: Attach detailed schedules; ensure totals reconcile and that guideline worksheet aligns with current ND Child Support Guidelines.]