A Washington divorce settlement agreement is a written document in which a couple sets out how they will handle property, support and their children when the marriage ends. Washington law calls it a separation contract and lets a married couple make one.[1] Couples who agree on the terms before they file often use one in an uncontested divorce. Fill in the FormsPal template online and download it as a PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Washington law. If you notice an error or outdated information, please contact us.
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The FormsPal template is titled Washington Marital Separation Agreement. It has 18 numbered parts over eight pages, so you can record every decision about the marriage in one place. You fill it in online, download it as a PDF, and both of you sign it.
Fill in each part together with your spouse. Use full legal names and exact figures, and leave a part blank only when it does not apply to you. The template says it takes effect on the date of signature and only if the marriage is dissolved. Each of you should keep a signed copy.
Couples who agree on the terms before they file often use one in an uncontested divorce. A family law lawyer or a mediator can review your draft before you sign.
Washington law lets a married couple settle their separation in a written contract. Under Section 26.09.070 of the Wash. Rev. Code, the contract can cover support for either spouse, the property they own, the parenting plan and support for their children, and a release from other obligations.[1] The sections below explain these rules in plain words.
The statute applies to a married couple or a domestic partnership. They can make the contract to promote an amicable settlement of the disputes that come with separation. The same goes for a petition for dissolution of the marriage, a decree of legal separation, or a declaration of invalidity. The written separation contract may provide for:[1]
Terms of the contract that are set forth in the decree, or incorporated into it by reference, may be enforced by all remedies available for the enforcement of a judgment. That includes contempt. They are also enforceable as contract terms.[1]
Unless the separation contract says otherwise, the agreement is set forth in the decree of dissolution, legal separation, or declaration of invalidity. It can also be filed in the action, or made an exhibit and incorporated by reference. In every case the terms of the parenting plan are set out in the decree, and the parties are ordered to comply with them.[1]
Section 26.09.070 sets the standard the court uses when it reviews the contract:[1]
The contract, except for those terms providing for a parenting plan for their children, shall be binding upon 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 contract was unfair at the time of its execution.
In plain words, the contract binds the court unless the court finds it was unfair when the spouses signed it. The court looks at the economic circumstances of the parties and other relevant evidence. The terms that cover the children are the exception to this rule.
Section 26.09.080 tells the court how to divide property and liabilities (debts). Without regard to misconduct, the court makes such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable. It considers all relevant factors.[2]
The relevant factors include the nature and extent of the community property, the nature and extent of the separate property, the duration of the marriage or domestic partnership, and the economic circumstances of each spouse when the division of property takes effect.[2]
Two more rules in Section 26.09.070 deal with support. When the separation contract so provides, the decree may expressly preclude or limit modification of any provision for maintenance set forth in the decree. Child support may be included in the separation contract. It is then reviewed in the subsequent proceeding for compliance with RCW 26.19.020, the state's child support standards.[1]
When the court orders maintenance, the factors it weighs include the financial resources of the spouse seeking maintenance, the time that spouse needs to get the education or training to find suitable work, the standard of living during the marriage, the duration of the marriage, the age, physical and emotional condition and financial obligations of the spouse seeking maintenance, and the ability of the other spouse to meet their own needs while paying (Section 26.09.090 of the Revised Code of Washington).[3]
Popular Local Marital Settlement Agreement Forms
A divorce settlement agreement, often known as a property settlement agreement, is a convenient document that might enable you to work out the divorce case and reduce undesired hassle. Listed below are the states the people of which search for this form the most.
A divorce agreement only works when you and your spouse have already made your decisions. Use the points below as a checklist for your conversation, and write down the answers before you open the template.
Settle the family home early. Decide whether one of you keeps it or you sell it, and how you will split the proceeds. Agree on a date for each handover of property and each payment, so nothing stays open after the separation.
Do not skip the small items. Vehicles, furniture, pets, digital accounts and sentimental property cause many arguments when a marriage ends. Listing them now keeps the separation calmer, and it keeps the template accurate. If you disagree on a point about property, try mediation first, then bring the draft back to the template.
The agreement works best when you finish it before the divorce moves forward. Many couples work through the topics together, check the numbers, sign, and then share the signed agreement with the lawyer or the court handling the divorce. The list below shows a common order.
A divorce often changes other papers too. After you sign, review your will, your power of attorney and your living will, and update any that still name your spouse.
Washington does not require proof of fault. The petition for dissolution needs to allege that the marriage is irretrievably broken, and if the other spouse joins in the petition or does not deny it, the court enters a decree of dissolution (Section 26.09.030 of the Revised Code of Washington).[4]
The court acts on the petition only after 90 days have passed since it was filed and since the summons was served on the other spouse or first published (Section 26.09.030).[4]
Here are short answers to common questions about a separation contract. Each answer follows the state statute in plain words. For anything specific to your situation, ask a family law lawyer.
The court makes such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors. It does this without regard to misconduct.[2]
Terms of the contract that are set forth in the decree, or incorporated into it by reference, may be enforced by all remedies available for the enforcement of a judgment. That includes contempt. They are also enforceable as contract terms.[1]
Yes. Child support may be included in the separation contract. It is reviewed in the subsequent proceeding for compliance with the state's child support standards.[1]
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the Revised Code of Washington.
