California Marital Settlement Agreement

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Why You Should Have a Marital Settlement Agreement

It is helpful if you are ever required to provide evidence to a court about the date that you actually did separate. Also, a written agreement leaves no doubt about what decisions were made about your separation. Finally, to protect both husband and wife, it makes sense to have a clearly written settlement agreement rather than depend on verbal agreements.

A California marital settlement agreement is not for a divorce and does not end your marriage. However, it will decide your rights and obligations about your marriage and separation.

Do I Need an Attorney to Fill Out My California Marital Settlement Agreement?

No, a husband and wife may fill out their own marital settlement or separation agreement without the help of an attorney.

The Family Legal Adviser has said: “The law has generally maintained that if you and your spouse are actually separated, and you no longer live together as husband and wife, any agreement you make with each other that is fair, that provides for the support of the wife, is legal and binding”.

However, in some circumstances, especially complicated ones, it may be sensible to seek advice from an attorney or consider having them review your agreement when completed.

Even if you plan on using an attorney, experts recommend putting together the framework for your marital settlement agreement before your appointment. You will be better educated and well organized. This could save you a significant amount of money in attorney fees.

We have included the contact information for the attorney we use in California. This attorney is familiar with our agreements which should save you some time and money if you need additional legal advice.

Our attorney-drafted marital settlement agreement is a self-instructive form that you can edit to your needs. This agreement was drafted specifically for California and covers the following topics:

• Support for the spouse
• Division of personal and business property
• Health and life insurance
• Responsibility for debts and financial obligations
• IRA’s, retirement accounts, pension plans
• Income tax and tax returns

• Child custody and visitation if applicable
• Child support and guidelines
• Responsibility for personal and business debts
• Communications between husband and wife
• Mediation
• Effect of divorce

To make completing your agreement easier we include built in directions filled out by the California attorney we use.

We also include the following forms with your California marital settlement agreement free of charge.

Temporary Guardianship Form

(Included with agreement for children only)

A temporary guardianship form to give a different adult the temporary guardianship over a minor child or children for a short period of time.

Child Visitation Schedule

(Included with agreement for children only)

Our attorney-drafted child visitation schedule will save you time and worry when scheduling which parent your child will stay with and on what days.

Schedules for Assets and Debts

You can download free of charge all schedules for assets and debts required for California. Also available free of charge is the child support calculator for California. These disclosures will save time and lessen your likelihood of forgetting essential items and property under demanding circumstances.

Attorney-Drafted Information Sheet

This information sheet provides answers for some of the more commonly asked questions people have about separation, child support payments, your agreement and the courts.

Changes to the agreement can be made at a later date if you and your spouse agree to the changes in writing. When you initially complete a California marital settlement agreement you normally do not have to file the agreement with the court to be effective.

You do not have to fill out your California marital settlement agreement online. You can fill out all your forms in the privacy of your home. All of your personal information remains private and confidential.