A divorce agreement in California is a legally binding document that outlines the terms of your separation. To write one that is comprehensive and meets California’s legal requirements, follow these steps:
- Start with basic information
- Outline asset and debt division
- Specify spousal support terms
- Detail child custody and support
- Include a dispute resolution clause
- Finalize with signatures and notarization
- Submit the agreement to the Court
Need Expert Legal Advice on How to Write a Written Agreement for a Divorce?
Creating a written agreement for a divorce can be challenging without the right guidance. Our expert legal team can make sure your agreement is thorough, legally sound, and protects your interests.
Let us help you avoid costly mistakes. See how our Orange County divorce lawyers can offer you personalized assistance.
How to Write a Settlement Agreement for a Divorce
Writing a divorce settlement agreement involves organizing all details about property, debts, and child custody into a clear, legally binding document. A well-prepared agreement ensures both parties understand their responsibilities and rights.
Here’s a step-by-step guide to drafting your own settlement agreement in California:
1. Gather Information About Assets, Debts, and Child Custody Needs
Start by listing all marital property, separate property, and debts, including real property like homes, vehicles, bank accounts, retirement funds, and any joint debts such as credit cards or loans. Include details about each asset and debt, such as their value and ownership status, and gather relevant documentation.
If there are minor children involved, you will also need to address child custody arrangements and child support needs.
This information forms the foundation of your marital settlement agreement, so it is important to be thorough.
2. Draft a Clear Outline of the Agreement
Begin drafting your agreement by organizing the information into sections. Begin with details like the names of both spouses, both dates of birth, and the date of marriage.
Next, outline each aspect of the agreement, including how assets will be divided, who will pay which debts, and the details of any spousal support or child support payments.
Make sure each section is clearly labeled and easy to understand, such as “Property Division,” “Spousal Support,” and “Child Custody and Visitation.” A well-organized document is easier for both parties and the court to review.
3. Specify Terms for Property Division and Debt Allocation
In the “Property Division” section, detail how property and assets acquired during the marriage will be split between the spouses. Clearly define what is considered separate property—such as gifts or inheritances—and what will be divided as community property.
For example, one spouse may retain the home while the other takes an equal share in retirement accounts. Include a list of joint debts and specify how each will be handled.
4. Address Spousal Support and Child Custody Arrangements
If spousal support is part of the agreement, specify the amount, how often payments will be made, and how long the support will continue.
For child custody arrangements, include a parenting plan that outlines physical and legal custody arrangements, visitation schedules, and responsibilities for health care expenses and education.
Make sure the child custody plan reflects the best interests of the children and clearly defines each parent’s role so that the arrangement is as stable as possible for both parties.
5. Include a Dispute Resolution Clause
A dispute resolution clause provides a structured way to handle conflicts in case disagreements arise after the divorce is finalized. This clause can specify that mediation will be used to resolve disputes before taking any issue back to court.
For example, both parties may agree to use a mediator if disagreements occur about child visitation schedules.
6. Make the Agreement Legally Binding
To ensure that your divorce settlement agreement is enforceable, it must be properly signed and notarized. Both spouses should review the entire agreement carefully and sign it in the presence of a notary.
Notarization certifies that the agreement was made voluntarily and that both parties understand and accept the terms, and it is necessary for the court to recognize the agreement as a valid legal document.
7. Submit the Agreement to the Court
After both spouses have signed the agreement, file it with the court that is handling your divorce case so it can be incorporated into the final divorce decree.
Make sure to include all required divorce forms along with your settlement agreement to avoid delays. Once the court approves the agreement, it will become part of the official divorce decree, and both parties must follow its terms.
How Moshtael Family Law Can Help
While drafting a settlement agreement yourself can be a good starting point, our experienced attorneys at Moshtael Family Law can review your agreement, provide guidance, and help you avoid mistakes that could cost you time and money.
Our team offers personalized support to ensure that your settlement agreement is clear, fair, and compliant with California laws. Moshtael Family Law is here to provide expert assistance at any stage of the process.
Reach out to an Irvine divorce lawyer at your earliest convenience for our expert legal assistance in writing a divorce agreement
What to Include in Your Divorce Agreement
A thorough divorce agreement should address all key aspects of the separation, leaving no room for confusion or dispute later. Below, we cover the essential elements that must be included in a divorce agreement to ensure it is fair, clear, and legally binding.
Formatting Your Agreement
Start with the full names of both spouses, their addresses, and the date of the marriage and separation. Organize the document into clear sections that address property division, debt allocation, child custody, and support arrangements.
Using numbered sections or bullet points for each topic will help you to include all important details.
Dividing Property and Debts
A divorce agreement needs to specify how property and debts will be divided. List all assets, such as real estate, vehicles, and bank accounts, and include their estimated value.
Clearly outline who will receive each asset and who will take responsibility for any debts, such as mortgages or credit cards. Mutual agreement on these terms will help avoid conflicts later on.
Addressing Support and Custody Issues
If children are involved, your agreement must include detailed custody and child support arrangements. Specify who will have primary custody and how visitation will be structured, including holidays and vacations.
Details about child support payments should be thorough and include the monthly amount and payment method. If spousal support is relevant, state how much will be paid, for how long, and on what schedule.
Including a Dispute Resolution Clause
A dispute resolution clause can prevent future conflicts and save both time and money by providing a clear process for resolving disagreements. This may include agreeing to mediation before returning to court if issues arise about child visitation or support payments, for example.
Signing and Notarizing the Agreement
To make your divorce agreement legally binding, both parties must sign and date it in front of a notary. Notarization helps verify that the agreement was entered into voluntarily and that both spouses fully understand the terms.
This step is required for the court to accept the agreement as part of the final divorce decree.
If you need a tailored and robust divorce agreement, contact a San Diego divorce lawyer from our firm today for a consultation.
Finalizing Your Agreement
After both parties have reviewed and agreed to the terms, each spouse must sign the agreement. The signed document is then submitted to the court for approval, where it becomes part of the official divorce decree.
Make sure everything is accurate before submitting, as any mistakes could delay the process or cause issues later on. This is where expert guidance is invaluable.
At Moshtael Family Law, we’ll help make sure that your agreement is comprehensive and legally sound. Our team reviews every detail to protect your interests and make the process easier, giving you peace of mind as you finalize your divorce.
What’s Next?
Once the divorce settlement agreement is finalized, the next step is to submit it to the court for approval. After submission, you may need to attend a final hearing, depending on your county’s requirements.
Carefully follow any instructions from the court, as they will confirm when the divorce is complete and the agreement becomes legally binding. Afterward, both parties must adhere to the outlined terms, with the court available to enforce compliance if any disputes arise.
Go Back to an Overview
If you’re unsure about any aspect of your divorce settlement, it’s helpful to revisit the key topics and review the details of the agreement with one of our attorneys to make sure you haven’t overlooked any important details. A thorough review will help you move forward with confidence in your decision-making.
Send this Page to Yourself
Keep a copy of this page for reference by emailing it to yourself, printing it directly, or saving it as a PDF on your computer. Having a reference will provide you with easy access to this information whenever you need it, making it easier to review steps or consult with one of our attorneys.
Go to the Final Part of the Process
Now that your divorce settlement agreement is drafted, it’s time to take the final steps. Contact a Moshtael Family Law attorney, review your draft for accuracy, then submit it to the court to complete the process.
Don’t delay—prompt action will help with a smooth transition as you move toward the conclusion of your divorce.
When to Use a Divorce Settlement Agreement
A divorce settlement agreement is necessary in situations in which:
- Financial Matters Must Be Resolved: Draft an agreement if you and your spouse have joint bank accounts, investments, or shared debts, like loans or credit cards.
- Property Needs to Be Divided: If you own property together, such as a home, vehicles, or other assets acquired during the marriage, a settlement agreement will outline who keeps what.
- Child Custody Arrangements Are Required: If you have children, the agreement should include custody arrangements, visitation schedules, and child support details.
- No Shared Financial or Child-Related Issues: If there are no joint assets, debts, or children, a settlement agreement may not be necessary before filing for divorce. However, it can still help clarify any remaining issues.
Don’t Wait to Contact Us!
Taking that first step in your divorce can feel daunting, but we are here to help with your California divorce.
Our expert team will help make sure that your agreement is fair, complete, and legally sound. Every detail matters when it comes to protecting your future—don’t leave anything to chance.
Contact us today, and let us help you through the process with care and understanding. Together, we can make sure your marital separation agreement sets you on the right path forward.
FAQs
Does a marital settlement agreement need to be notarized in California?
Yes, a marital settlement agreement in California typically needs to be notarized.
Notarization verifies that both parties signed the agreement voluntarily, making it more likely to be accepted by the court as legally binding. This step adds an extra layer of security to prevent disputes over the agreement’s authenticity.
Notarizing the agreement also helps avoid claims that one party did not fully understand or agree to the terms, which is especially important when the agreement deals with significant financial matters, property division, or child custody arrangements.
What is a wife entitled to in a divorce in California?
A wife is entitled to an equitable division of marital property, which includes assets and debts acquired during the marriage. A wife may also be entitled to spousal support (alimony) if there is a significant income disparity between the spouses and child support if she has primary custody.
California follows community property laws, meaning that marital property is generally divided equally between both spouses. However, separate property—such as assets owned before the marriage or received as gifts or inheritances—usually remains with the original owner.
What is the 5-year rule for a divorce in California?
California’s “5-year rule” applies to spousal support in marriages lasting less than 10 years. In these cases, the court limits the duration of spousal support to half the length of the marriage, so, for example, if a marriage lasted 5 years, spousal support may be ordered for up to 2.5 years.
For marriages of 10 years or longer, there is no set time limit for spousal support, and the court may retain jurisdiction to extend or modify support as circumstances change.
How much does a divorce cost if both parties agree?
A divorce in California, where both parties agree, typically costs between $435 and $500 for filing fees. If no lawyers are involved, costs remain minimal.
While hiring a lawyer to review the agreement may increase expenses, their support can help avoid additional costs later on, such as mediation.
How long does a divorce take in CA?
In California, a divorce takes at least six months from the date the respondent is served with divorce papers. The process may be extended if there are disagreements or additional issues to resolve.
