A California marital settlement agreement is a written document in which two people set the terms of their divorce or legal separation. It usually covers how they divide assets and debts, how they share financial information, and, for parents, child custody, visitation, and child support. Use the form builder below to create your settlement agreement online, or download the free PDF template and fill it in by hand.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current California law. If you notice an error or outdated information, please contact us.
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Marital settlement agreements put the terms of a divorce or separation in one contract. Couples who agree on the terms can settle these matters in one place instead of leaving each point open. Those who find it hard to agree can ask a mediator to help them settle their disputes. A complete agreement usually has these parts:
Section 3100 of the California Family Code says that when the court makes an order under the joint custody chapter that begins at Section 3080, it must grant a parent reasonable visitation rights. This applies when it is shown that the visitation would be in the best interest of the child and consistent with Section 3020. At its discretion, the court may also grant reasonable visitation rights to any other person who has an interest in the welfare of the child.[3]
Section 3901 of the California Family Code continues the duty of support for an unmarried child who has turned 18, is a full-time high school student, and is not self-supporting. The duty lasts until the child completes the 12th grade or turns 19, whichever comes first. A child with a medical condition documented by a physician that prevents full-time school attendance is excused from the full-time student requirement. Section 3910 makes each parent equally responsible, to the extent of their ability, for a child of any age who is incapacitated from earning a living and without sufficient means. Section 3930 says a parent does not have the duty to support a child of the parent's child.[4]
Both of you must sign the agreement. If your spouse did not file a response in the case, your spouse's signature must be notarized.[5] Each person should keep a signed copy of the finished contract. A family law attorney can review it with you before you sign, especially if you own a business or real estate.
In a California divorce or legal separation, the court must divide the community estate of the parties equally. The parties can choose a different split in a written agreement or an oral stipulation in open court.[2] Each party must also serve the other with a financial disclosure, unless the disclosure is waived or not required in their situation.[1]
Section 2310 of the California Family Code says a dissolution of marriage or a legal separation may be based on either of two grounds. The first ground is irreconcilable differences that have caused the irremediable breakdown of the marriage. The second ground is permanent legal incapacity to make decisions.[6]
Section 2550 of the Cal. Fam. Code sets the starting rule for dividing assets. The statute reads:
Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally.
In plain words, the court starts from an equal split. The statute names three ways to depart from it:
A marital settlement agreement is the contract where both parties put their written agreement on paper. The same rule applies in a proceeding for legal separation.[2]
In a proceeding for dissolution of marriage or legal separation, each party must serve the other with a preliminary declaration of disclosure. Each party must also serve a final declaration of disclosure and file proof of service of each with the court. The law lets the parties waive these declarations in some situations and does not require them in others.[1]
Our marital settlement agreement template has its own disclosure section. In it, each person states that they have shared their income, assets, and obligations with the other.
Many couples use legal separation to live apart while they stay married. Religious beliefs and doubts about divorce are common reasons. The division rule covers a proceeding for separation as well as one for dissolution of marriage.[2] So does the disclosure rule.[1]
Our California marital settlement agreement template works for both situations. It records how the couple divides assets, shares parenting time, and handles child support. For a version that is not specific to California, see our separation agreement template.
Every case is different, and the court clerk, a family law attorney, or a self-help center can tell you which papers your case needs. Most couples follow a similar path, from starting the case to signing a settlement agreement and receiving a judgment.
Some people also change their names after a divorce. That is a separate step.
These answers come from the sections of the California Family Code listed at the bottom of this page. They explain how California divides property in a divorce and which financial information both parties must share, so you can see where a settlement agreement fits in.
The law starts from an equal split. Except upon the written agreement of the parties, or on oral stipulation in open court, the court divides the community estate of the parties equally.[2] Before that, each party must serve the other with a preliminary declaration of disclosure and a final declaration of disclosure, unless the disclosure is waived or not required.[1] Parties who agree in writing can set their own terms.[2]
In a proceeding for divorce or legal separation, the court divides the community estate of the parties equally, except in these cases:
The court can divide the property in its judgment, or at a later time if it expressly reserves jurisdiction to make the division.[2]
Popular Local Marital Settlement Agreement Forms
A divorce settlement agreement, often known as a mediated separation agreement, is a great document that could enable you to negotiate the divorce process and avoid pointless stress. Below are the states where people search for this form the most.
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the California Family Code, published by the California Legislative Information. Each number in square brackets in the text above points to the matching entry in this list, and each entry links to the official text of that section.
