California Marital Settlement Agreement
A California marital settlement agreement lets divorcing spouses divide their community property, set spousal support, and address custody and child support, then have those terms incorporated into the divorce judgment. Attorney review available.
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Introduction
California is a community property state where property acquired during the marriage belongs to the community and is divided equally on divorce absent the spouses' own written agreement (Cal. Fam. Code 760, 2550), and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the judgment that ends the marriage. In California, property acquired during the marriage is community property (Cal. Fam. Code 760), and on dissolution the community estate is divided equally, 50/50, unless the spouses reach their own written agreement (Cal. Fam. Code 2550). That written-agreement exception is exactly what a California marital settlement agreement provides, letting you set the division yourselves instead of leaving it to the court. California has no statewide formula for long-term spousal support; a court sets it by weighing the factors in Cal. Fam. Code 4320 (temporary support may follow a local court guideline, not a statewide statute). Custody and child support follow the statewide child support guideline (Cal. Fam. Code 4055), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is attached to and incorporated into the Judgment (Judicial Council form FL-180), and no dissolution is final until at least six months have passed from service (Cal. Fam. Code 2339). DocDraft builds your California marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In California, where no dissolution becomes final until at least six months after the summons and petition are served (Cal. Fam. Code 2339), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the judgment that ends the marriage.
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California is a community property state: property acquired during the marriage is community property (Cal. Fam. Code 760), and on dissolution the community estate is divided equally, 50/50, unless the spouses reach their own written agreement (Cal. Fam. Code 2550).
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The written-agreement exception in Cal. Fam. Code 2550 is what lets a California marital settlement agreement set the property division, so spouses can divide their community estate as they agree rather than in a strict 50/50 split ordered by the court.
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California has no statewide formula for long-term spousal support; a court sets the amount and duration by weighing the factors listed in Cal. Fam. Code 4320. Temporary support may follow a local court guideline, but that is a local practice, not a statewide statute.
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Child support follows California's statewide uniform guideline (Cal. Fam. Code 4055), and while spouses may stipulate to an amount, it is subject to court approval (Cal. Fam. Code 4065); custody and child support stay court-approved and modifiable and cannot be bargained away.
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Once signed, the agreement is attached to and incorporated into the Judgment on Judicial Council form FL-180, and the parties are ordered to comply with it. No dissolution is final until at least six months have passed from service of the summons and petition (Cal. Fam. Code 2339).
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A California marital settlement agreement must be in writing and signed by both spouses. Notarization is not required by statute for a spouse who has appeared in the case, but if the judgment is granted on one spouse's default, that defaulting spouse's signature must be notarized (Cal. Fam. Code 2338.5).
Key decisions before you file
Before you file a Marital Settlement Agreement in California, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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California Requirements for Marital Settlement Agreement
Community Property, Equal Division
California is a community property state. Property acquired during the marriage is community property (Cal. Fam. Code 760), and on dissolution the community estate is divided equally, 50/50 (Cal. Fam. Code 2550), unless the spouses reach their own written agreement.
Written-Agreement Exception
Cal. Fam. Code 2550 lets the parties divide the community estate by their own written agreement instead of a strict 50/50 split ordered by the court. This exception is what a California marital settlement agreement relies on, so you can agree to a division that fits your situation.
No Statewide Spousal Support Formula
California has no statewide formula for long-term spousal support. A court sets the amount and duration by weighing the factors in Cal. Fam. Code 4320. Temporary support may follow a local court guideline, but that is a local practice, not a statewide statute.
Child Support Follows the Guideline
Child support follows the California statewide uniform guideline (Cal. Fam. Code 4055). Parties may stipulate to an amount, but only subject to court approval (Cal. Fam. Code 4065). Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a California marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A California marital settlement agreement must be in writing and signed by both spouses. No statute requires notarization when both spouses have appeared in the case, but signing before a notary can help prove the signatures are genuine.
Notarization on Default
If the judgment of dissolution is granted on the default of one spouse, the signature of that defaulting spouse on the marital settlement agreement or stipulated judgment must be notarized (Cal. Fam. Code 2338.5).
Incorporation Into the Judgment
Once signed, the agreement is attached to and incorporated into the Judgment on Judicial Council form FL-180, and the parties are ordered to comply with it. No dissolution is final until at least six months have passed from service (Cal. Fam. Code 2339).