Arizona Divorce and Property Settlement Agreements: Free Form

What Does an Arizona Divorce Settlement Agreement Contain?

Spouses decide what goes into their own Arizona divorce settlement agreement. The FormsPal template, titled Arizona Marital Separation Agreement, runs eight pages and helps spouses cover each topic in order. It has 18 numbered sections, a signature page for both spouses, and a notary acknowledgment page.

• Introduction and disclosures (sections 1 and 2): the purpose, the effective date, and each spouse's financial information.
• Children (sections 3 and 4): names and birth dates, custody and visitation, and child support.
• Spousal support (section 5): who pays the other spouse, how much, and for how long.
• Property and debts (sections 6 to 9): the family home, debts and expenses, personal property, and insurance.
• Standard terms (sections 10 to 18): changes to the agreement, binding effect, governing law, confidentiality, and similar closing terms.
• Signatures and notary (pages 7 and 8): each spouse signs, and a notary public completes the acknowledgment.

Every section of this Arizona divorce settlement agreement template is a blank to fill in. Complete all of them for a full agreement, or keep the terms you agree on and leave out the rest. Many couples have a lawyer read the finished agreement before they sign, especially when children, a home, or retirement accounts are involved.

Arizona Divorce Settlement Agreement Laws

Arizona law recognizes a written agreement between spouses. Ariz. Rev. Stat. § 25-317 lets the parties make a written separation agreement about property, maintenance, and the children.^[1] Ariz. Rev. Stat. § 25-318 sets the rules for how the court divides property in a divorce.^[2]

Court Review of Your Agreement

The key rule is the standard the court applies to the terms. Section 25-317 of the Ariz. Rev. Stat. states it this way:

In a proceeding for dissolution of marriage, for annulment or for legal separation, the terms of the separation agreement, except those providing for the support, legal decision-making and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.

In plain words, the court looks at the economic circumstances of the spouses and any other relevant evidence. If it does not find the agreement unfair, its terms bind the court. The terms about child support, legal decision-making and parenting time are outside this rule.^[1]

Property Division in Arizona

Section 25-318 of the Ariz. Rev. Stat. sets out how the court handles property in a divorce. It matters when you draft an agreement, because your terms should fit these rules:

• Separate property. The court assigns each spouse's sole and separate property to that spouse.^[2]
• Community and joint property. The court divides the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct.^[2]
• Property acquired outside Arizona. For purposes of this section, property either spouse acquired outside the state is deemed community property if it would have been community property had it been acquired in Arizona.^[2]
• Property the decree does not mention. Community, joint tenancy and other property held in common for which the decree makes no provision is held, from the date of the decree, by the parties as tenants in common, each possessed of an undivided one-half interest.^[2]
• Descriptions in the decree. The decree or judgment must specifically describe by legal description any real property affected, and must specifically describe any other property affected.^[2]
• Debt distribution. On the request of either party, and except for good cause shown, the court must require the parties to submit a debt distribution plan.^[2]

Children and Support Terms

An Arizona divorce settlement agreement can include maintenance for either spouse and the support, legal decision-making and parenting time of the children. The FormsPal template has a section for each. Before the court puts the agreement into its decree, it must find the child terms reasonable.^[1]

Because these terms affect the children, many parents have an attorney review them before signing. If parenting time is part of your terms, FormsPal also has a parenting plan form.

Separation Agreements in Arizona

Many people search for an Arizona separation agreement when they plan to live apart. The statute uses that name for the written agreement spouses make about property, maintenance, and the children.^[1] The FormsPal template is built for spouses who are ending the marriage.

Under its own terms it takes effect when both spouses sign, but only if the marriage actually ends (section 1.3 of the template). FormsPal also has a marriage separation agreement template for comparison.

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How Does an Arizona Agreement Become Part of the Divorce Decree?

Signing the agreement is one step in an Arizona divorce case. The court reviews the agreement, and its terms can become part of the final decree. This list shows the usual order. It describes common practice and the statute's rules, not deadlines, so ask the court or an attorney about the steps and timing for your case.^[1]

1. Agree on terms and sign. Spouses who agree can record their terms in an Arizona divorce settlement agreement. The template above is a starting point.
2. Give the agreement to the court. In practice, spouses present the signed agreement to the court as part of their divorce case. Ask the court or an attorney how to submit it.
3. The court reviews it. The court may find after considering the economic circumstances of the parties that the agreement is unfair.^[1]
4. The decree includes it. If the court finds the agreement is not unfair as to disposition of property or maintenance, and reasonable as to support, legal decision-making and parenting time of children, the agreement is set forth or incorporated by reference in the decree. The court orders the parties to perform its terms.^[1]
5. The terms can be enforced. Terms set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt.^[1]
6. Later changes are limited. Except for terms concerning the maintenance of either party and the support, legal decision-making or parenting time of children, entry of the decree precludes the modification of the terms of the decree and the property settlement agreement set forth or incorporated by reference.^[1]

Maintenance has its own rule. Suppose the agreement provides that its maintenance terms cannot be modified, and the decree sets forth or incorporates the agreement. Then the court cannot exercise jurisdiction to modify the decree and the agreement regarding maintenance.^[1]

If you want to see what a finished decree looks like, FormsPal has a divorce decree sample. Many people also review their other personal papers when a marriage ends. FormsPal offers an Arizona last will template, an Arizona power of attorney form, and an Arizona living will.

Frequently Asked Questions

Arizona divorce and property settlement agreements raise a few questions again and again. The answers below come from the two Arizona statutes cited at the end of this page. They describe what the law says, not what one court may do.

What Is a Marital Settlement Agreement?

A marital settlement agreement is a written agreement between spouses about how they will end their marriage. Arizona's statute calls it a written separation agreement. It can contain provisions for:^[1]

• disposition of any property owned by either spouse
• maintenance of either spouse
• support, legal decision-making and parenting time of their children

What Assets Are Untouchable During Divorce?

Under Section 25-318 of the Ariz. Rev. Stat., the court assigns each spouse's sole and separate property to that spouse. Community, joint tenancy and other property held in common is treated differently. The court divides it equitably.^[2]

Is Arizona a 50/50 State in Divorce?

Arizona's statute uses the word equitably, not equally. The court divides the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct.^[2] Fault in the marriage is therefore not part of that division.

Other Arizona Forms
Need more Arizona documents? We provide free templates and straightforward personalization experience to everyone who hopes for having fewer to none challenges when handling forms.

Arizona Last Will Arizona Living Will Arizona Small Estate Affidavit Arizona Bill of Sale Arizona Power of Attorney Arizona Rental Lease Agreement Arizona Eviction Notice Arizona Promissory Note Arizona Non-compete Agreement Arizona Prenuptial Agreement Arizona LLC Operating Agreement

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Ariz. Rev. Stat..

1. Ariz. Rev. Stat. § 25-317.
2. Ariz. Rev. Stat. § 25-318.