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Divorce Property Settlement Agreement Template for United States

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Key Requirements PROMPT example:

Divorce Property Settlement Agreement

"Need a Divorce Property Settlement Agreement to divide assets from my 15-year marriage, including our family home in California, three investment properties, and substantial retirement accounts, with special attention to tax implications as I own a successful business."

Document background
The Divorce Property Settlement Agreement serves as a comprehensive legal framework for divorcing couples to document the division of their marital estate. This document is essential in U.S. divorce proceedings, particularly in contested divorces where significant assets are involved. It must address all aspects of property division, including real estate, personal property, financial accounts, retirement benefits, and debts. The agreement must comply with relevant federal laws (such as ERISA and tax regulations) and state-specific family law requirements. Its terms become binding upon court approval and can significantly impact both parties' financial futures.
Suggested Sections

1. Parties: Identification of both spouses and their current addresses

2. Background: Marriage date, separation date, and basis for divorce

3. Definitions: Key terms used throughout the agreement

4. Division of Real Property: Distribution of homes, land, and other real estate

5. Division of Personal Property: Distribution of vehicles, furniture, jewelry, etc.

6. Division of Financial Assets: Distribution of bank accounts, investments, retirement accounts

7. Division of Debts: Allocation of joint debts and liabilities

8. Tax Provisions: Handling of tax liabilities and future filings

Optional Sections

1. Spousal Support: Terms of alimony payments if one spouse will provide financial support to the other

2. Child Custody and Support: Arrangements for children's care and financial support when the marriage involves minor children

3. Business Interests: Division of business assets and operations when either spouse owns a business

4. Military Benefits: Division of military pension and benefits when either spouse is military personnel

Suggested Schedules

1. Schedule A - Real Property Inventory: Detailed list of all real estate owned

2. Schedule B - Personal Property Inventory: Detailed list of significant personal property items

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and retirement accounts

4. Schedule D - Debt Schedule: List of all joint and individual debts

5. Appendix A - QDROs: Qualified Domestic Relations Orders for retirement accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Internal Revenue Code: Federal tax regulations governing property transfers, alimony payments, and tax implications of divorce settlements

ERISA: Employee Retirement Income Security Act - Federal law governing the division of retirement accounts and pension benefits in divorce

Social Security Act: Federal legislation affecting social security benefits and rights of divorced spouses

Military Benefits Regulations: Federal regulations concerning the division of military benefits, pensions, and privileges in divorce cases involving service members

State Family Law Code: State-specific legislation governing divorce proceedings, property division, and family matters

State Property Laws: State-specific laws determining whether the state follows community property or equitable distribution principles

Property Settlement Requirements: State-specific requirements for the format, content, and execution of property settlement agreements

Prenuptial Agreement Laws: State laws governing the validity and enforceability of prenuptial agreements in divorce proceedings

Marital Property Laws: Legal principles distinguishing between marital and separate property in divorce settlements

Alimony Regulations: State-specific rules and guidelines for determining spousal support/alimony

Child Support Guidelines: State guidelines for calculating and implementing child support obligations

Procedural Filing Requirements: State-specific procedures and requirements for filing divorce documents and property settlements

QDRO Requirements: Qualified Domestic Relations Orders - Requirements for dividing retirement accounts and pension benefits

Real Property Transfer Laws: State regulations governing the transfer of real estate properties in divorce settlements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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