Tips on Composing a Marital Settlement Agreement in California Fuss-Free

Standardized Legal Documents Tips on Composing a Marital Settlement Agreement in California Fuss-Free

The A to Z Guide on the Marital Settlement Agreement in California

Divorce is usually an emotional and stressful life event, especially if there are children involved. In such situations, no one feels like writing contracts or signing a bunch of paperwork. Even though it’s burdensome, it’s a crucial step in regulating the post-marital relationship between spouses. 

If you are filing for divorce in the Golden State and you are full of questions, we can help you get some answers. This article will teach you all about creating a marital settlement agreement in California and drawing up other legal documents within minutes using DoNotPay.

California Marital Settlement Agreement in a Few Words

A marital settlement agreement—also known as a divorce agreement—is a document that establishes the post-marital rights and duties of divorcing spouses. The primary purpose of this contract is to remind the ex-partners of their obligations and solve any potential disputes that may arise.


If the parties get on well, they can negotiate the terms of the agreement themselves, without third parties. If not, they can hire a mediator—a legal advisor who will facilitate the communication between them and help them find an amicable solution.

When composing a marital settlement agreement, divorcing couples in California must follow the rules stipulated in Division 6 (Nullity, Dissolution, and Legal Separation) of California Law.

What Should a Divorce Agreement in California Cover?

The main concern when composing a marital settlement agreement is making it clear and including all the necessary clauses in it. California laws don’t propose a specific length of the document or particular provisions, but you can use some recommended clauses to structure the agreement. Check out a few important sections in the table below:

Clauses

Details

Information about the signers and their marriage
  • Names of the spouses
  • Date and place of marriage
  • Date of separation
  • Reason for divorcing
  • Names and birth dates of all minor children from this marriage (if there are any)
Child custody details
  • Legal custody assignment
  • Physical custody assignment
  • Visitation schedule
Child support
  • Confirmation of the child support order
  • Hearing date (if a child support order hasn’t been put into effect yet)
  • Payment details, such as:
    • Name of the parent who pays child support
    • Monthly amount
    • Due date
    • Starting date
    • Allocation of the child support amount among children
  • Additional child support expenses
  • Health insurance and health care costs
Spousal support
  • Amount
  • Start and end date
Property division
  • Information about the separate and community property of each spouse:
    • Bank accounts
    • Financial assets
    • Houses and apartments
    • Other types of real estate
  • Warranties and remedies
Other important clauses

Does Signing the Marital Settlement Agreement Make It Enforceable in California?

If you want your contract to carry legal weight, signatures aren’t enough. Like any other agreements that the spouses reach during the separation procedure, a marital settlement agreement must be approved by the court. This usually happens during the final court hearing. In case one of the parties breaches any rule listed in the agreement after that, they may bear serious penalties.

Get Unlimited Professionally Made Legal Documents With DoNotPay

The trickiest part of getting a valid contract is ensuring that it’s properly written and that all state-specific legal requirements are met. Attorneys can compose it for you, but you may need to set aside your monthly salary or even more for such a service. Another option is to draft the document yourself, which is a smart move only if you are familiar with the law and legal terminology. 

If these methods seem too challenging, don’t despair—there’s a great solution for you! Using DoNotPay is the simplest way to make a complete legal document that aligns with all applicable laws. All we need from you is a few clicks and the essential details you want to include in your contract—no manual drafts or generic contract templates involved! 

To try out this service, proceed as follows:

  1. Open DoNotPay and sign in
  2. Pick the document you want to create
  3. Answer our chatbot’s questions to customize your contract

After completing this procedure, your only job is to download a ready-made document! Note that you must sign it together with the other party or have it notarized to make it enforceable.

What Standardized Documents Can Our App Generate?

After signing up for DoNotPay, you will be able to create:

Need a Notary? Don’t Wait in Endless Queues—Use DoNotPay

Getting your document notarized by a standard notary service involves various tasks, but you can minimize the hassle with DoNotPay. Our Notarize Any Document product gives you a chance to set an appointment with an online notary trouble-free and have your signature validated remotely.

Here are the steps you should follow:

  1. Visit DoNotPay
  2. Navigate to the Notarize Any Document option
  3. Upload the document you want to have notarized
  4. Input your email address

We will email you a link to a notary’s timetable. Once you access it, you can choose the most suitable time for the meeting.

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