California Marital Settlement Agreement Form

In a sad reality of life, many marriages in California and the United States end with divorce. And when a couple finally decides to file for divorce, they have to face a lot of difficulties regarding child support, spouse support, child custody, and the division of joint property and assets. Also, they have to define new relationships between themselves. And one of the best ways to solve all these issues is the Marital Settlement Agreement. Because once the agreement is signed, the former couple must comply with its terms.

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Divorce and Separation Laws in California

Several legal norms in California govern the issue of divorce and separation and contain provisions on what should and should not be included in a marital settlement agreement. Gladly, almost all necessary laws can be found in California Family Code (Division 6).

Also, the law specifies the ground for a divorce, and in California, the state recognizes two grounds. While the first ground is the constant incapacity of a spouse, the second one is an impossibility to solve implacable divergence.

Guidelines and Requirements

The law in California sets the list of requirements that must be included in each marital settlement agreement to make it official and legally binding for the parties.

Names of spouses
Their mailing addresses
Financial disclosure information (even if waived)
Date of marriage
Presence of minor children
Military service status (if applicable)
Information on property
Information on spouse support
Information on a new legal name (if applicable)
Insurance information
Retirement benefits information
Additional conditions
Signatures (with the date and duplication of names)
Supplements (if applicable)

It is important to know that such an agreement is ineffective and not legally binding before it is signed by both parties and notarized.

Speaking more precisely about the points that must be present in a marital settlement agreement in California, let us discuss the most important of them in detail.

Alimony

The issue of alimony or spousal support erupts during almost all divorce proceedings in California. Before addressing them in an agreement, the couple has to decide whether one of them will receive alimonies. And here, it is important to mention that if one does not ask for alimony in the agreement, the rights would be deemed waived, so it is better to think about it in advance. If the couple decides that either of them will receive spousal support, it must be written in agreement with the exact amount, the means of transaction, and dates when it shall be paid. Also, the date when this support will be stopped also has to be specified.

Debts

Another important issue to mention in the agreement is debts, obviously only if a couple has some. The main concern in this regard should be to note who exactly is responsible for what debt, and if you decide to pay it jointly, you have to indicate the proportions. Also, if this is relevant, you must indicate the names of creditors.

Custody

If a couple has children, they must indicate the issue of custody in the agreement. In this part, you must write all the necessary information regarding children, including their names and dates of births. Furthermore, specify the type of custody, joint or sole. It is also always better to indicate the visitation schedule in the agreement.

Another vital issue is child support: who will pay it, in what amount, and by which means. It is advisable to be as specific as possible regarding child support because these issues could haunt former couples for years after a divorce.

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Other Issues

If it is necessary in your specific case, you may include in a settlement agreement such issues as pet ownership, court costs payment, and conditions of modification of the agreement.

Assets and Community Law Issue

Regarding the separation of assets and property, it is important to remember that California is a community law state. This means that everything acquired by the couple in marriage is deemed joint property (with a few exceptions) and must be divided.

If you decide to divide the property or transfer your part of the rights, you must mention a few necessary things in the agreement. Firstly, you have to mention the person whose name is written on the property title. Secondly, address and detailed description of the property. Thirdly, it is necessary to mention the conditions of transfer of rights for this object of real estate.

You may mention other objects in the agreement, such as vehicles, expensive furniture, and household objects. If you decide to add them to the agreement, the most important thing is to identify them properly.

Also, such things as bank accounts, employee benefits, and life insurance may also be included in the agreement if necessary.

Financial Disclosure

Another important issue that goes in hand with marital settlement agreements is financial disclosure. Under the law of California, each party must send financial disclosure within 60 days after filing the divorce. This can be done in the form of an income and expense declaration or in the form of a Declaration of disclosure.

Also, it is important to mention that the delivery of the financial disclosure is a bit of a complicated process. This is because it should be delivered by a third party, and both parties to the divorce must make photocopies of it and send them to court.