Instructions for Marital Settlement Agreement With Children

NOTE: These instructions are ONLY for couples who live in Louisville-Jefferson County. These instructions are part of the Self-Help Divorce With Children series and are ONLY for couples who have one or more children together, with at least one child aged 18 or younger and/or still in high school. If you do not have any children together, or if your children are all over 18 and are not in high school, please see the instructions for Self-Help Divorce Without Children.

Download the Marital Settlement Agreement form and instructions (Word format)

This form is to be used if you and your spouse agree on all financial and children's issues in your divorce. If this form is filled out completely, signed by you and your spouse, and approved by the judge, then the terms set out in the form are the final terms of your divorce. The terms in the agreement will be enforceable in the same way that a court order is enforceable.

The settlement terms of the agreement, if approved by the judge, are final and binding. If either party is unsure about the terms, or whether the settlement is fair, the party should consult an attorney BEFORE signing the agreement.

The clerk will give you this number when you file your paper.
Fill in your name.
Fill in your spouse's name.
Fill in the names and ages of all children born during the marriage.
Custody - You and your spouse will have to decide if you will share joint custody of the child(ren) or whether one of you will have sole custody, and check the appropriate box. Kentucky courts have defined joint custody as a situation where both parties will share equally in all decision-making authority concerning the major areas of the child(ren)'s upbringing. Sole custody gives only one parent the right to make all decisions concerning the major areas of the child(ren)'s upbringing and to have the primary residence of the child. However, with sole custody the other parent may still have visitation and give input. Visitation will be dealt with in part F.
Parenting Time - You and your spouse will have to decide where your child(ren) will live and how often the child(ren) will spend time with each parent. If the child(ren) will be living primarily with one parent, then the first box should be checked, and the box should be checked to show with which parent the child(ren) will live. In addition, a specific schedule of time to be spent with the non-residential parent can be written out in the blank spaces provided.

If the children will be sharing time equally between the homes of both parents, then the second box should be checked. In addition, a specific schedule can be written out in the blank spaces provided.
Child Support - In Kentucky, child support is determined based upon the Kentucky Child Support Guidelines. See the instruction sheet for calculating child support. You should follow those instructions in calculating child support, and then fill in the appropriate blanks in the Agreement. If you are unable to calculate the child support on your own, you can contact the Legal Aid Society or a private attorney through Kentucky Lawyer Referral. A Wage Assignment Order can be entered which would deduct child support from the payor's paycheck each pay period. If you are interested in a Wage Assignment Order, contact the Jefferson County Child Support Office at 502-574-8300.
Health insurance - If the children are covered by a government program, such as KCHIP, Passport or Medicaid, check the first box. If not, the children must be covered by one of the parents' health insurance plans. Check which parent covers the children. Also, you will need to fill in the percentages showing how the parents will divide the medical costs not covered by the insurance. These are the same percentages as on line 7 of the child support chart.
Non-Marital Property - Non-marital property is generally defined in Kentucky as property owned by one party before the marriage; property received during the marriage as a gift or inheritance to only one spouse; or property that is a result of an exchange of the property owned before the marriage or the gift or inheritance. If you believe that you or your spouse has non-marital property of significant value, you may want to consult an attorney. At letter (I) in the agreement, you must check whether there is no non-marital property, or if there is non-marital property that needs to be restored to the person to whom it belongs, list it under the owner's list of property (Petitioner or Respondent).
Marital Property - Marital property is generally defined in Kentucky as all property acquired by either spouse after the marriage, except property received as a result of a gift or inheritance to only one spouse. In Kentucky, marital property is to be divided "equitably." In this part of the agreement, you will need to fill in how you and your spouse have agreed to divide your property, remembering that the division must be equitable for the Court to approve your agreement. If you or your spouse own significant assets or property, or if you are unsure as to what an equitable division of property is, you should consult an attorney BEFORE signing the agreement.
Real Estate - If you and your spouse own no real estate, then you will check the first box in this section. Otherwise, you and your spouse will need to decide whether you will be selling the real estate, or, if not, who is going to keep the real estate.
- If you and your spouse have agreed to sell the real estate, you will need to check the second box, fill in the address of the real estate, and fill in the percentages as to how you will divide the proceeds (or profits) from the sale. If you want to divide the proceeds equally, you should write "50" in each blank.
- If either you or your spouse is going to keep the property, you will need to check the third box and fill in the remaining portions of section K, depending on whether the party who is keeping the property is paying any money to the other party for the equity in the property. Be sure to fill in all of the appropriate blanks.
** If one party is keeping the marital real estate, a "quitclaim deed" must be drafted, signed by both parties, and filed with the County Clerk's Office. You should consult an attorney if you need a quitclaim deed. If you do not have the quitclaim deed finalized, the party keeping the property will have difficulty trying to sell it, or even trying to refinance it, in the future.
Vehicles - For both the Petitioner and the Respondent, check whether the party is keeping a vehicle and, if so, identify the vehicle by filling in the year, make and model. If the vehicle is titled to the other party, or to both parties, you and the other party will need to go to the bureau of motor vehicles to have the title changed.
Bank Accounts - Check whether the bank account(s) have already been divided, or, if not, list the account(s) that each person will keep. Be sure to identify the accounts by bank and type of account only - do not use account numbers.
Personal Property/Household Goods - Check whether the personal property and household goods have already been divided, or, if not, list the property that each person will keep.
Retirement - Check whichever box applies: whether neither party has retirement funds or whether each party will keep his or her own retirement accounts. It is possible to divide retirement accounts by specialized court orders. However, these forms do not provide the instructions to do that, because division of retirement accounts usually requires an attorney. If either or both parties have a large retirement account, or if you believe that one spouse's retirement account should be divided in order for the division of marital property to be equitable, you should consult an attorney.
Other Marital Property - If there is other marital property that has not yet been divided by the terms of the agreement, the property should be listed in section P, along with the party who is receiving the property.
Debts - The agreement must state which party is going to pay the marital debts - debts acquired during the marriage. Check the box that applies or list which party is paying which debt on the blanks provided. If there is substantial marital debt, and you are concerned that the other party will not pay the debts he or she is assigned in the agreement, you should consult an attorney. If you believe that either you or your spouse may petition for bankruptcy, you should consult and attorney.
Equitable Division of Property - Check the box indicating that the division of property and debts is equitable, or, check the other box and fill in the details if one party is making a cash payment to the other in order to make the division equitable. As a reminder, if either party is unsure about the terms, or whether the settlement is fair, the party should consult an attorney BEFORE signing the agreement.
Maintenance - If neither party is paying maintenance, or alimony, then check the first box. If the parties have agreed that one party will pay maintenance to the other party, then you will need to check the box for the party who is paying, and fill in the blanks with the amount and duration of the maintenance. If you are not sure whether you are entitled to maintenance, or if you should agree to pay maintenance, you should consult an attorney.
Petitioner's Signature - Once the form is complete the Petitioner must fill in his/her address and phone number and sign here. Do not sign at home because you must sign in front of a notary or the Circuit Clerk.

**YOU MUST SIGN THIS FORM IN THE PRESENCE OF A NOTARY OR CIRCUIT CLERK**

Remember you are making a "promise" to the Court that all of the information you have provided in this document and true and accurate to the best of your knowledge.
Respondent's Signature - Once the form is complete the Respondent must fill in his/her address and phone number and sign here. Do not sign at home because you must sign in front of a notary or the Circuit Clerk.

**YOU MUST SIGN THIS FORM IN THE PRESENCE OF A NOTARY OR CIRCUIT CLERK**

Remember you are making a "promise" to the Court that all of the information you have provided in this document and true and accurate to the best of your knowledge.

After the form is completed, signed by both parties, and notarized, take the original to the Office of the Clerk of Jefferson County Family Court located at the Jefferson County Judicial Center, 700 West Jefferson Street, Louisville, Kentucky. Present the original to the Clerk. You will be required to pay for copies for you and your spouse. The Clerk will give you back two sets of the photocopies (one for you and one for the other party) and will file the original with the judge. The judge will review the Agreement after you file the Decree.

Even if you and your spouse have signed the agreement and filed it at the courthouse, you are not divorced until the Judge signs the Decree and it is entered by the Clerk.