Vermont Divorce Settlement Agreement: How to Draft a Stipulation

A stipulated divorce is the fastest, cheapest, and least adversarial way to end a marriage in Vermont. Instead of letting a judge decide how to divide everything, you and your spouse negotiate the terms and present the court with a signed agreement — the Final Stipulation.

Filing a stipulated divorce with a completed agreement reduces your filing fee from $295 to $90, avoids a contested hearing, and gives you far more control over the outcome.

What the Final Stipulation Must Cover

Vermont courts require a comprehensive settlement agreement (Form 400-00878) that addresses:

Property division: Every asset owned by either or both spouses must be accounted for and assigned. Under Vermont's all-property doctrine, this includes premarital assets, inheritances, and property in either spouse's name. The agreement should specify who gets each asset and the assigned value.

Debt allocation: Every liability must be addressed and allocated under the agreement, with clear language about who is responsible for payments. Include hold-harmless provisions — if Spouse A is assigned a joint credit card and defaults, Spouse A agrees to indemnify Spouse B for any resulting financial harm.

Spousal maintenance: Whether maintenance is awarded, the monthly amount, the duration, and the termination conditions. If you're waiving maintenance entirely, the agreement should state that explicitly.

Real property transfers: If one spouse is keeping the house, specify the deadline for the quitclaim deed, the refinancing timeline, and what happens if refinancing fails.

Retirement account divisions: Specify the account type, division method (dollar amount or percentage), and whether a QDRO or DRO is required. Include deadlines for QDRO preparation.

The Asset Inventory: Your Foundation

Before you can negotiate, you need a complete picture of what exists. When required, each party must complete the relevant financial affidavits (Forms 813A and 813B). Form 813B must be signed in the physical presence of a notary; Form 813A's declaration is not itself a notary requirement. A separate personal asset inventory goes further — it includes your own notes on valuation, tracing separate property, and potential arguments.

A thorough inventory covers:

• Real estate with current appraisals or comparable sales data
• All bank and investment accounts with current balances
• Retirement accounts with recent statements
• Vehicles with NADA or KBB values
• Business interests with supporting documentation
• Personal property of significant value
• All debts with current balances and whose name is on each account

What Makes a Stipulation Court-Approved

Vermont judges don't rubber-stamp settlements. The court reviews your agreement for basic fairness before approving it. A judge may reject a stipulation that:

• Appears clearly one-sided without adequate explanation
• Doesn't account for significant known assets
• Leaves children's financial needs inadequately addressed
• Contains internally inconsistent terms

The best way to avoid rejection: make sure your agreement reflects the actual financial picture documented in your 813A/B forms and demonstrates that both parties understood what they were agreeing to.

The Stipulated Divorce Timeline

1. When required, both spouses complete Forms 813A and 813B and exchange them
2. Negotiate the terms — directly, through mediation, or with collaborative attorneys
3. Draft the Final Stipulation (Form 400-00878) reflecting all agreed terms
4. File the complaint and stipulation with the $90 filing fee; when required, file and serve Forms 813A and 813B before or at the first Case Manager's Conference
5. Attend a brief hearing where the judge reviews the agreement and asks basic questions
6. Enter the default 90-day nisi period — the decree isn't final until this expires, unless the period is shortened or waived by mutual consent

Common Drafting Mistakes

Vague language about the house: "Wife gets the house" isn't enough. Specify the refinancing deadline, the buyout payment amount and timing, what happens if refinancing fails, and the quitclaim deed execution date.

Forgetting about creditors: Your settlement binds you and your spouse, not your creditors. If a joint account isn't paid off or transferred to an individual name, the non-responsible spouse remains liable. Build creditor protection into every debt allocation clause.

Missing retirement details: "Husband keeps his 401(k)" doesn't work if the marital portion hasn't been addressed. Specify whether the non-owning spouse is waiving their claim or whether a QDRO will be prepared.

No provision for future disagreements: Include a dispute resolution clause — mediation first, then court — for any post-decree conflicts about interpretation or compliance.

Build Your Settlement

The Vermont Divorce Financial Split Guide includes worksheets for asset classification, debt allocation, home equity calculation, and retirement division — everything you need to build a comprehensive settlement position before you start negotiating.

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