The key points
- Write down all the issues, not only the points that were easy to settle.
- Exchange preliminary financial disclosures before relying on a final settlement.
- Match the agreement to the proposed Judgment and attachments.
- If agreement breaks down, the procedural route may need to change.
Start with a list of decisions
Identify what the case needs to resolve before drafting a contract. Property, debts, and spousal support should be addressed. If you have children, custody, parenting time, and child support also need appropriate terms.
List the assets and obligations specifically enough that both spouses understand what is being allocated. A sentence saying each person keeps their belongings may leave a house, pension, loan, or account unresolved.
The property and support article explains the categories that need attention. Do not use an informal agreement to bypass questions about ownership or valuation.
Work from financial information rather than assumptions
Preliminary financial disclosure is required even when you trust each other. The California set includes FL-140, FL-150, and FL-142 or FL-160, with FL-141 recording the disclosure service.
Use the information to check that the agreement addresses the property and debts actually identified. If you do not understand an account, retirement interest, or support provision, get advice before signing.
Final disclosures may be waived using FL-144 when the conditions are met. The distinction matters: that waiver does not erase preliminary disclosure or make an incomplete financial picture reliable.
Write an agreement that can be attached to a Judgment
The California catalog identifies the marital settlement agreement as a written contract, not a single mandatory Judicial Council form. It is attached to the Judgment and works with relevant order attachments.
Explain the property division, responsibility for debts, and the spousal support decision. With children, include the required custody and support terms. Keep names, dates, amounts, and obligations consistent across the documents.
Check the final package rather than assuming the agreement replaces all attachments. The Judgment article explains the distinction between the contract and the court’s final orders.
Use the signatures required by your procedural route
Both spouses need to understand and sign the agreement. The default-with-agreement procedure can require the respondent’s agreement signature to be notarized. A statement that Judgment signatures do not need notarization is not a rule for every document.
If a Response was filed, use the written-agreement finalization instructions for that posture. If you began jointly, follow the joint petition instructions. Do not mix a default checklist with a joint case merely because both spouses agree.
Check with the court self-help center about the required set. Have a lawyer review any provision whose legal effect is unclear to you.
Plan for what happens if cooperation ends
A joint petition can be revoked before the Judgment is final. The case then changes to the standard process with the required amended papers and service. The need for a full agreement to finish the joint route remains.
If a standard case becomes disputed, a document service cannot settle the disagreement. A mediator may assist negotiations, and a lawyer can advise about rights and proposed terms. If issues remain unresolved, a judge may need to decide them.
Read how mediation differs from preparation. Do not describe a case as fully agreed while leaving an issue for a future argument.
Common questions
Is agreed divorce the same subject as uncontested divorce?
They are closely related, but this article focuses on writing and recording the terms. The uncontested article explains how a case with resolved issues reaches a Judgment. The agreement is part of that process.
Is there one California form for every settlement?
The partner catalog identifies the marital settlement agreement as a drafted contract. Required court forms and order attachments still accompany it. Ask about an appropriate sample or individual drafting help rather than assuming one generic paragraph covers everything.
Can we leave a pension out because neither person wants to discuss it?
Do not assume an unresolved retirement interest disappears from the case. Identify it in financial disclosures and get advice about classification, division, and any plan-specific order before signing final terms.
Must every signature be notarized?
Follow the instructions for the specific document and route. A default with agreement can require a notarized respondent signature on the settlement. That does not mean every form in every agreed case needs a notary.
Does signing the agreement end the marriage?
No. Signing a settlement records your terms, but you must still complete the financial disclosure and finalization steps for your route. Submit the agreement with the required proposed Judgment forms and attachments, then wait for the court to review and enter the Judgment. The applicable six-month minimum also governs the earliest marital-status termination date. Keep the court’s Notice of Entry of Judgment rather than relying on the date you signed your agreement.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.