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	Debts and taxes Life insurance details Retirement benefits Resolution of potential disputes Potential modifications of the agreement Hold harmless clause Indemnification clause

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.

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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.

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