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Mississippi Marital Settlement Agreement

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MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT WITH DEPENDENT MINOR CHILD(REN)

INSTRUCTIONS

This form should be used when the parties desire to enter into a Separation Agreement to be effective immediately. This form is for married persons with children with joint property or debts. This form is for the State of Wyoming.

This form should be completed on your computer, typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public.

Transfers of title to property such as real estate, automobiles and other property may require separate documents.

Husband Initials:     Wife Initials:

STATE OF WYOMING

COUNTY OF

WHEREAS, , hereinafter referred to as "Wife", and , hereinafter referred to as "Husband", are now married, having been married on the day of , , in County, ;

WHEREAS, the parties were separated on or about the day of , 20, while residing in County, ;

SECTION 1. SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS

The parties shall continue to live separate and apart...

SECTION 2. FINANCIAL DISCLOSURES

By execution of this instrument, each party warrants and represents to the other party that he or she has fully disclosed their financial status...

SECTION 3. ASSETS

A. In General.

Husband and Wife are in possession of all personal property belonging to each...

B. Wife shall receive as her own...

Cash (on hand) $

Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

Other assets

Total Assets to Wife $

C. Husband shall receive as his own...

Cash (on hand) $

Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

Other assets

Total Assets to Husband $

D. Contingent Assets and Liabilities shall be divided as follows:

E. Additional Retirement Account Provisions

F. Additional Life Insurance Provisions

G. Additional Household Furnishing and Effects Provisions

The household furnishings and effects of the parties have been mutually divided.

Wife agrees that the Husband shall retain all household furnishings and effects at

Husband agrees that the Wife shall retain all household furnishings and effects at

H. Additional Marital Home Provisions

The marital home of the parties shall be:

Occupied by Husband   Occupied by Wife

Titled in the name of Husband   Titled in the name of Wife

Mortgage payments to be paid by until

Utilities and upkeep to be paid by until

Taxes, insurance and assessments to be paid by until

I. Additional Provisions or explanations

SECTION 4. DEBTS, LIABILITIES AND EXPENSES

A. Except as otherwise provided herein each party agrees to pay their respective individual debts.

B. Division of Liabilities/Debts - Wife

Mortgages on real estate (Home) Monthly Payment $ Current Amount Owed $

(Other)

Charge/credit card accounts

Auto loan

Auto loan

Bank/credit union loans

Money you owe (not evidenced by a note)

Judgments

Other

Total Debts to Be Paid by Wife $ $

C. Division of Liabilities/Debts - Husband

Mortgages on real estate (Home) Monthly Payment $ Current Amount Owed $

(Other)

Charge/credit card accounts

Auto loan

Auto loan

Bank/credit union loans

Money you owe (not evidenced by a note)

Judgments

Other

Total Debts to Be Paid by Husband $ $

SECTION 5. FUTURE EARNINGS AND ACQUISITIONS

All income, earnings, or other property received or acquired by either party after the date of execution shall be separate property.

SECTION 6. SPOUSAL SUPPORT (ALIMONY)

1. Waive any and all claim or right to temporary or permanent alimony, maintenance or support.

2. Support to be paid by in the amount of $ every beginning and continuing until

Life insurance in the amount of $ to secure support.

SECTION 7. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION

A. The following child(ren) have been born to the marriage of the parties:

B. Parental Responsibility - Child Custody

Husband shall have primary parental responsibility and custody.

Wife shall have primary parental responsibility and custody.

Husband and Wife shall have joint primary parental responsibility and custody.

C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions.

D. Secondary Parental Responsibility, Visitation, or Time Sharing - Schedule.

E. Secondary Parental Responsibility, Visitation, or Time Sharing - Additional Provisions.

F. Other Provisions.

SECTION 8. CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE

A. Amount and Person to Pay. will pay child support to in the amount of $ per child, every beginning

B. Child Support Arrearage. Total arrearage $ repaid at $ every beginning

C. Health Insurance.

Husband Wife will maintain health insurance coverage for the minor child(ren).

Health insurance is not reasonably available at this time.

Shared equally by both parents.

Prorated according to the child support guideline percentages.

Other:

D. Dental Insurance.

Husband Wife will maintain dental insurance coverage for the minor child(ren).

Dental insurance is not reasonably available at this time.

Shared equally by both parents.

Prorated according to the child support guideline percentages.

Other:

E. Life Insurance. Husband Wife shall maintain life insurance coverage in the amount of $

F. IRS Income Tax Deduction(s).

G. Other provisions relating to child support:

SECTION 9. MUTUAL INDEMNITY

The parties agree in regard to the payment of debts and other liabilities as stated in this agreement that each shall indemnify and hold harmless the other for the payment of same.

SECTION 10. INCOME TAXES

The parties shall file separately for the year and each year thereafter.

SECTION 11. ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION

Each party agrees to sign and execute any further or additional documents necessary to put into effect the intended purposes hereof.

SECTION 12. DIVORCE

It is agreed and understood that this Agreement finally settles all rights of the parties...

SECTION 13. MODIFICATION

This Agreement shall estop and preclude either party from making other or further demands and claims upon the other...

SECTION 14. ABSENCE OF DURESS OR UNDUE INFLUENCE

The parties agree and state that each has freely and voluntarily entered into this agreement.

SECTION 15. RELEASE, WAIVER, BINDING EFFECT, AND ESTATES

Except as otherwise provided for in this Agreement, each party shall be divested of and each party waives, renounces and gives up all right, title and interest in and to the property awarded to the other.

SECTION 16. ENFORCEMENT

This Agreement may be enforced by actions and proceedings for Contempt of Court...

SECTION 17. BANKRUPTCY

To the extent of any obligation contained herein is discharged in bankruptcy...

SECTION 18. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties...

SECTION 19. FULLY READ AND UNDERSTAND; INFORMED CONSENT

Each party represents and acknowledges that he or she has fully read this Agreement...

SECTION 20. SEVERABILITY

If any portion of the agreement shall be held to be void, voidable or unenforceable...

SECTION 21. CONTROLLING LAW

This Agreement shall be governed, enforced and interpreted according to the laws of the State of Wyoming.

SECTION 22. HEIRS AND ASSIGNS

This agreement shall be binding upon their legal representatives, successor, heirs and assigns.

EXECUTED AND AGREED ON THE DATES SET FORTH BELOW

Dated:

Signature of Wife

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

Dated:

Signature of Husband

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

STATE OF WYOMING

COUNTY OF

The foregoing instrument was acknowledged before me by this day of , .

Notary Public:

Printed Name:

My Commission Expires:

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What a Mississippi Marital Settlement Agreement Is and When It Applies

A Mississippi Marital Settlement Agreement is a written contract between spouses that documents the negotiated division of property, spousal support, debt allocation, and any parenting or child-support arrangements to resolve issues in a divorce or legal separation. Once signed and, where required, approved by the chancery court, the agreement is typically incorporated into the final decree and becomes enforceable. Electronic execution is generally permissible under federal and state e-signature laws (ESIGN, 15 U.S.C. ch. 96; UETA, 1999) except where court rules or statute specify otherwise.

Why a Clear, Signed Settlement Agreement Matters

A signed Marital Settlement Agreement clarifies each party’s rights, reduces post‑divorce disputes, and provides the court an enforceable basis for the final decree when submitted and accepted by the chancery court.

Why a Clear, Signed Settlement Agreement Matters

Core Sections to Include in a Professional Agreement

A complete agreement groups factual recitals and enforceable terms so each obligation is clear, allocable, and able to be incorporated into a court decree if required.

Parties

Full legal names for both spouses, current addresses, and a clear statement identifying each party by role (petitioner/respondent or spouse A/B).

Recitals

Background facts: date of marriage, grounds for separation, pending case number if applicable, and the intent to resolve property and support issues by agreement.

Property Division

Detailed list of real and personal property with specific allocations, titles to be transferred, and deadlines to complete transfers or conveyances.

Spousal Support

Any alimony or maintenance terms: amount, frequency, duration, conditions for modification, and tax treatment if negotiated.

Debts and Liabilities

Allocate responsibility for mortgages, loans, credit cards, and tax obligations, including payment schedules and indemnity provisions.

Parenting & Child Support

If children are involved, include custody, visitation, child support terms, health insurance, and dispute-resolution mechanisms consistent with state child-support guidelines.

Step-by-Step: Completing a Mississippi Marital Settlement Agreement

Follow these sequential steps to prepare, execute, and route the agreement efficiently and defensibly.

  • 01
    Prepare Draft: Assemble asset lists and proposed terms; use neutral language.
  • 02
    Exchange Disclosures: Provide financial disclosures required by Mississippi law and court rules.
  • 03
    Review and Revise: Have counsel or mediator review terms and confirm tax consequences.
  • 04
    Sign and File: Execute with required signatures, notarization, and submit to the chancery court as directed.

Configuring an Online Signing Workflow for the Agreement

Standardize the digital workflow to ensure each party signs in the correct order and that audit data is captured for court records.

Field Configuration
Signer Order Spouse A | Spouse B or simultaneous signing
Authentication Level Email link plus SMS code or RON as required
Template Variables Pre-fill names, dates, and asset identifiers to reduce entry errors
Notification Rules Automatic reminders at 3 and 7 days; final receipt upon completion

From Draft to Court File: Typical Routing Path

A consistent routing path preserves evidence and simplifies court submission when the chancery court requires incorporation into the decree.

  • Drafting: Create a complete agreement with exhibits attached.
  • Signatures: Capture signature events, timestamps, and signer authentication.
  • Notarization: Obtain notary or RON acknowledgement if required by the court.
  • Filing: Submit completed agreement to the chancery court per local filing rules.

Technical and Compliance Requirements for Digital Execution

Ensure the signing platform supports ESIGN/UETA compliance, secure storage, and an auditable transcript of the signing session before using electronic execution.

  • Accepted Formats: PDF and DOCX are standard for court-ready submissions
  • Authentication Options: Email link, SMS code; RON for notarization where allowed
  • Integration Points: Cloud storage and case management integrations for evidence retention

Who Typically Prepares and Signs This Agreement

Several parties commonly prepare, review, or sign a Marital Settlement Agreement depending on whether the divorce is contested, mediated, or collaborative.

  • Divorcing spouses negotiating property and support terms either directly or through counsel.
  • Family law attorneys preparing court-ready language and handling filings and incorporations.
  • Mediators and collaborative professionals drafting settlement terms for signature and court submission.

Representative Signers and Their Roles

Family Law Attorney

An attorney drafts and reviews the agreement, confirms compliance with Mississippi family law and court filing rules, and typically handles court submission and any necessary modifications prior to incorporation into the decree.

Self-Represented Spouse

A spouse representing themselves should ensure full financial disclosure, consider limited attorney review for legal consequences, and follow the court’s execution and filing instructions to avoid enforceability problems.

Essential Information to Collect and Protect

Full Names: Legal names of parties
Addresses: Current residential addresses
Asset Identifiers: Account numbers, VINs (partial)
Financial Details: Balances and mortgage details
Social Security: Use only last four digits where possible
Signature Data: Timestamps and signer IP

Common Mistakes to Avoid When Preparing the Agreement

  • Incomplete asset schedules or missing account identifiers that leave room for later dispute and require supplemental filings or contempt motions.
  • Failing to notarize or witness signatures when the court or local rules require acknowledgment, causing potential court rejection.
  • Using vague language for payments or timelines, for example 'reasonable time' instead of a fixed number of days or dates.
  • Not confirming whether electronic signatures are acceptable to the specific chancery court or judge assigned to the case before e-executing the document.

Consequences of Defective or Incomplete Agreements

Court Rejection: May require re-execution
Enforcement Delay: Additional litigation or contempt risk
Tax Exposure: Unallocated assets can produce tax disputes
Child Support Issues: Incorrect calculations affect enforcement
Perjury Risk: False disclosures carry legal penalties
Creditor Claims: Undisclosed debt can lead to liability

eSignature Vendor Pricing Snapshot for Document Execution

Compare basic pricing and capability signals for commonly considered e-signature vendors; signNow is listed first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Key Dates and Deadlines to Track

Track execution, filing, payment, and modification deadlines so obligations are clear and court timetables are met.

Effective Date of Agreement:

Date entered as MM/DD/YYYY; governs when terms take effect

Signature Dates:

Each party signs and dates; match signature dates to effective date if required

Court Filing Deadline:

File per local chancery court schedule or as ordered

Payment Schedule Milestones:

List installment dates and amounts clearly to avoid disputes

Modification Notice Period:

Specify notice and cure periods for changes or breaches

Milestone Timeline from Negotiation to Enforcement

A simple sequence of milestones helps parties and counsel track progress and prepare filings on time.

01

Draft Agreement

Prepare a complete draft and attach exhibits describing assets and debts

02

Disclosures Exchanged

Exchange financial disclosures and supporting documents for verification

03

Execution and Notarization

Sign in presence of notary or complete RON process if permitted

04

Court Submission

Submit the executed agreement to the chancery court for incorporation

Practical Tips for Accurate, Efficient Completion

Adopt these practical measures to reduce risk and speed acceptance by courts or opposing counsel.

Use Precise Descriptions
Describe assets with account numbers, property addresses, and identifying information to prevent ambiguity and make title transfers and QDRO preparation straightforward for financial institutions and courts.
Confirm Court Preferences
Before electronic execution, check the assigned chancery court’s local rules and the judge’s preferences for electronic filings, notarization, and whether the court requires original signed documents for incorporation.
Preserve the Audit Trail
If you use an e-signature provider, ensure the platform records signer identity, timestamps, IP addresses, and a signed certificate that can be produced to the court if authenticity is later questioned.
Obtain Limited Attorney Review
Even in uncontested cases, consider limited-scope counsel review to confirm tax consequences, QDRO triggers, and to prepare the filing package that the chancery court will accept.

Realistic Use Scenarios

Two short scenarios showing how an agreement is used: one mediated settlement and one uncontested filing.

Mediated Resolution

A couple completed a mediated property allocation and formalized terms in a written agreement

  • Mediator facilitated asset lists and disclosure
  • The agreement was signed electronically with notarization where required and then submitted to the court for incorporation and enforcement.

Uncontested Filing

Spouses agreed on support and property division without litigation and drafted a simple settlement

  • They used an e-sign workflow for convenience
  • After signatures and notary acknowledgement the agreement was filed with the chancery court and adopted in the final decree.

Frequently Asked Questions About Execution and Enforceability

Answers to typical questions about electronic signatures, notarization, filing, and modifying Marital Settlement Agreements in Mississippi.


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