Marital Settlement Agreement (Judgment Attachment)

A Marital Settlement Agreement or Legal Separation Agreement (collectively referred to below as MSA) can be entered into at any time after the initial filing of a Dissolution of Marriage or Legal Separation. Generally, this is agreement resolves all rights and obligations that apply in your case. It should include ALL items listed in the PETITION and the RESPONSE, if one was filed. These items include division of property, child custody and visitation, along with child and spousal support. Once signed by the parties the agreement is incorporated into the final judgment. If a RESPONSE is filed (as opposed to a DEFAULT), there are other Judicial Council forms that will also be required to be signed by both parties in order to finalize the Judgment. There are a total of four (4) Exhibit packets available, but you need only attach and include those Exhibit's that apply in your case. For example, if there are no minor children, you will not include Exhibits ONE and TWO. Instructions: If you have prior court orders for custody/visitation or child support, you must attach those as your Exhibit. 1. Complete the body of the MARITAL SETTLEMENT AGREEMENT with your case information. EXHIBIT NUMBER ONE ­ CHILD CUSTODY/VISITATION & CHILD SUPPORT EXHIBIT NUMBER TWO ­ SPOUSAL SUPPORT EXHIBIT NUMBER THREE ­ DIVISION OF PROPERTY MARITAL SETTLEMENT AGREEMENT 2. Choose and attach only one attachment from each EXHIBIT packet that applies in your case. (For help with calculating guideline child support visit the Self Help Center or go online to the California Department of Child Support Services calculator at http://www.childsup.ca.gov) EXHIBIT NUMBER THREE ­ OTHER TERMS (Miscellaneous terms not covered by standard attachments) 3. Once assembled, both parties must sign the MARITAL SETTLEMENT AGREEMENT. · If the RESPONDENT did not file a RESPONSE (and default was taken), the RESPONDENT's signature will be required to be NOTARIZED. If a RESPONSE was filed: (additional forms are required) 4. Complete a STIPULATION AND WAIVER OF FINAL DECLARATION OF DISCLOSURE (Form FL144) and have both parties sign it. · A PRELIMINARY and FINAL Declaration of Disclosures is required in a Dissolution of Marriage. The FINAL Disclosure, however, can be waived. 5. Complete an APPEARANCE, STIPULATIONS AND WAIVERS (Form FL130) (NOT required if a Default was filed.) · This form allows for an appearance to be made by the RESPONDENT that the matter is uncontested and settling by agreement and it mutually waives each party's right to a trial or appeal. Revised January 2012 6. Once the above documents have been completed and signed, bring the documents to the Self Help Center to get instructions and forms necessary to finalize the Judgment. American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Case Name: ___________________________________________________ Case No.:______________ MARITAL SETTLEMENT AGREEMENT - Addendum to Judgment This agreement is made with reference to the following facts: 1. The parties were married or registered as domestic partners on __________________. Irreconcilable differences have arisen between the parties; as a result, they separated and ceased to live together as husband and wife on ___________________________, which is _____ years and ______ months from the date of their marriage. They now agree and intend to live apart permanently. 2. The parties have ______ minor child(ren)of their marriage. 3. The parties acknowledge that with this agreement they intend to effect a complete and final division of their property (and in doing so have endeavored to make an equal division of their community property and recognition that such division should result in no taxable transfer by either), and to resolve all rights and obligations relating to spousal support and maintenance. The parties also intend to relinquish any and all past, present, or future claims that each may have against the property or estate of the other and his or her executors, administrators, representatives, successors and assigns, except as otherwise provided herein. 4. Each of the parties declares and agrees that he or she has read this agreement and fully understands the same, and each of the parties agree that the execution of this agreement shall be and is intended to be a full, complete, and final adjustment of all property rights of the parties existing as of the date hereof and supersedes any prior agreement between the parties written or oral. Each of the parties further agrees that this agreement is made and entered into by him or her of his or her own volition and with full knowledge of its legal effect. By signing in execution hereof each party agrees that this agreement is made at his or her individual and mutual request and after full and thoughtful consideration. 5. The following issues are resolved by virtue of this agreement (Check only those that apply): CHILD CUSTODY, VISITATION AND CHILD SUPPORT are set forth in Exhibit ONE, attached hereto and incorporated by reference. SPOUSAL SUPPORT is set forth in Exhibit TWO, attached hereto and incorporated by reference. PROPERTY DIVISION is listed in Exhibit THREE attached hereto and incorporated The parties agree there are NO community assets or debts subject by reference, or to divide. OTHER TERMS are set forth in Exhibit FOUR, attached hereto and incorporated by reference. 4. The parties hereby agree that the following may be incorporated into a Final Judgment and made an order of the court and may be signed by a Court Commissioner as a Judge Pro Tem. THE UNDERSIGNED PARTIES APPROVE AS TO FORM AND CONTENT: DATED: ______________________________________ [signature] ______________________________________ [print name] Petitioner A DEFAULT has been entered; therefore RESPONDENT'S signature has been notarized. DATED: ______________________________________ [signature] ______________________________________ [print name] Respondent MARITAL SETTLEMENT AGREEMENT Addendum to Judgment Page ______ of _____ American LegalNet, Inc. www.FormsWorkFlow.com 24 25 26 27 28 When you separate or divorce, you need to decide who will have "custody" of your children and how they will be taken care of. You also need to decide on visitation, which means how each parent will spend time with the children. There are two kinds of "custody" orders: What is "custody and visitation"? CUSTODY AND VISITATION ­ EXHIBIT ONE Legal custody, which means who will make