MARITAL SETTLEMENT AGREEMENT

(California Family Code §§ 1500, 2550, 3011, 3020, 4055, 4320)

[// GUIDANCE: This template is structured to satisfy California statutory requirements and current best-practice drafting standards. Bracketed text must be customized, schedules attached, and the entire Agreement reviewed for client-specific facts before execution.]

TABLE OF CONTENTS

1. I. DOCUMENT HEADER
2. II. DEFINITIONS
3. III. OPERATIVE PROVISIONS
   3.1 Division of Property and Debt
   3.2 Spousal Support
   3.3 Child Custody & Parenting Plan
   3.4 Child Support
   3.5 Insurance & Benefits
   3.6 Tax Matters
4. IV. REPRESENTATIONS & WARRANTIES
5. V. COVENANTS & RESTRICTIONS
6. VI. DEFAULT & REMEDIES
7. VII. RISK ALLOCATION
8. VIII. DISPUTE RESOLUTION
9. IX. GENERAL PROVISIONS
10. X. EXECUTION BLOCK

I. DOCUMENT HEADER

1.1 Title. This Marital Settlement Agreement (the “Agreement”) is entered into pursuant to California Family Code § 1500 and is intended to be incorporated into a Judgment of Dissolution of Marriage issued by the [​COURT NAME​] (the “Court”).

1.2 Parties.
a. [PARTY A LEGAL NAME], also known as “[PARTY A SHORT NAME]”, the “[​Petitioner/Respondent​]”.
b. [PARTY B LEGAL NAME], also known as “[PARTY B SHORT NAME]”, the “[​Petitioner/Respondent​]”.
Collectively, the “Parties,” and individually, a “Party.”

1.3 Recitals.
a. The Parties were lawfully married on [MARRIAGE DATE] in [LOCATION].
b. Irreconcilable differences have caused an irremediable breakdown of the marriage.
c. Each Party has had the opportunity to seek independent legal counsel.
d. The Parties desire to settle all rights and obligations arising from their marital relationship, including property division, support, child custody, and all other matters as set forth herein, in conformity with California law.

1.4 Effective Date. This Agreement becomes effective on the later of (i) the date executed by both Parties, or (ii) the date approved by the Court (the “Effective Date”).

1.5 Governing Law & Jurisdiction. This Agreement is governed by the laws of the State of California and shall be enforced exclusively in the [COUNTY] Superior Court, Family Law Division.

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Child(ren)” means the minor child(ren) of the Parties: [​CHILD 1 NAME, DOB​]; [​CHILD 2 NAME, DOB​], etc.

“Community Property” has the meaning set forth in Cal. Fam. Code § 760 and, unless otherwise designated herein, includes all rights, title, and interests acquired by the Parties between the date of marriage and the date of separation.

“Date of Separation” means [​SEPARATION DATE​] as mutually acknowledged by the Parties.

“Marital Residence” means the real property commonly known as [ADDRESS] and more fully described in Schedule A.

“Parenting Plan” means the detailed custodial schedule attached as Schedule C.

“Separate Property” means all property characterized as separate under Cal. Fam. Code §§ 770–772 and expressly listed in Schedule B.

[Add additional defined terms as needed, alphabetical order.]

III. OPERATIVE PROVISIONS

3.1 Division of Property and Debt

3.1.1 Guiding Principle. Consistent with Cal. Fam. Code § 2550, the Parties intend an equal division of net community estate value unless expressly provided otherwise herein.

3.1.2 Community Assets.
a. Tangible Personal Property – See Schedule A-1.
b. Real Property – See Schedule A-2.
c. Financial Accounts – See Schedule A-3.
d. Retirement & Deferred Compensation – See Schedule A-4.

3.1.3 Community Debts. Community liabilities are allocated as detailed in Schedule D.

3.1.4 Equalization Payment. If the net value received by either Party exceeds the other’s share by more than [TOLERANCE AMOUNT], the advantaged Party shall pay an equalizing payment of $[AMOUNT] to be made on or before [DATE] with interest at [RATE]% per annum until paid.

3.1.5 Transfer Mechanics. The Parties shall execute all conveyances, assignments, Qualified Domestic Relations Orders (“QDROs”), and other instruments necessary to effectuate the transfers within thirty (30) days after the Effective Date.

[// GUIDANCE: Attach QDRO template or coordinate with plan administrator for compliance.]

3.2 Spousal Support

3.2.1 Temporary (“Pendente Lite”) Support. If not already ordered, temporary support shall continue under this Agreement until entry of Judgment.

3.2.2 Long-Term Support.
a. Amount: $[MONTHLY AMOUNT] per month, payable on the [DAY] of each month.
b. Commencement: First payment due [DATE].
c. Duration: [​TERM OR “until either Party’s death, the supported Party’s remarriage, or further Court order,” etc.].
d. Modifiability: [​SPECIFY “modifiable pursuant to Cal. Fam. Code § 4320” OR “non-modifiable except as to termination events”​].
e. Factors Considered: The Parties acknowledge consideration of the factors set forth in Cal. Fam. Code § 4320.

3.2.3 Termination Events. Support terminates upon (i) death of either Party, (ii) remarriage of supported Party, or (iii) written agreement of the Parties approved by the Court.

3.3 Child Custody & Parenting Plan

3.3.1 Legal Custody. The Parties shall have [​JOINT / SOLE​] legal custody of the Child(ren) in accordance with Cal. Fam. Code §§ 3011 & 3020.

3.3.2 Physical Custody & Parenting Schedule. Physical custody shall be [​JOINT / SOLE​] as detailed in the Parenting Plan (Schedule C), incorporated herein by reference.

3.3.3 Holiday & Vacation Schedule. See Schedule C-1.

3.3.4 Decision-Making Protocols. Major decisions regarding education, health, and extracurricular activities require mutual consent unless expressly delegated in Schedule C.

3.3.5 Relocation. A Party intending to relocate more than [​MILES​] miles from [CURRENT CITY] must give [​60/90​] days’ prior written notice and comply with Cal. Fam. Code § 3024.

[// GUIDANCE: Custody provisions remain modifiable on a “best interests” standard even if stated otherwise.]

3.4 Child Support

3.4.1 Guideline Support. Child support shall be calculated under the statewide uniform guideline (Cal. Fam. Code § 4055) based on the following inputs:
a. Time-share percentages: [PARTY A %] / [PARTY B %].
b. Net Monthly Disposable Income: [AMOUNTS].
Resulting guideline amount: $[AMOUNT] per month.

3.4.2 Payment Terms. Support shall be paid on the [DAY] of each month commencing [DATE] via wage assignment (FL-195) unless the Parties jointly agree and the Court approves direct payment.

3.4.3 Add-On Expenses. The Parties shall share uninsured medical, dental, vision, and mutually agreed extracurricular expenses [PRO-RATA OR OTHER SPLIT].

3.4.4 Annual Exchange of Income Information. On or before April 30 each year, the Parties shall exchange state and federal tax returns and year-end pay records for support recalculation.

3.5 Insurance & Benefits

3.5.1 Health Insurance for Child(ren). [PARTY RESPONSIBLE] shall maintain comprehensive coverage; the other Party shall reimburse [​%​] of premiums attributable to the Child(ren).

3.5.2 Life Insurance. Each Party shall maintain a policy in the face amount of not less than $[AMOUNT] naming the Child(ren) (or a trustee on their behalf) as irrevocable beneficiaries until the youngest Child reaches [AGE].

3.6 Tax Matters

a. Filing Status for [YEAR]: [​MARRIED FILING JOINTLY / SEPARATELY​].
b. Child-Related Credits: Allocated as follows—[NAME OF CHILD]: [PARTY CLAIMING] for [TAX YEARS].
c. Spousal Support Deductibility: Payments are [TAXABLE/NON-TAXABLE] consistent with Internal Revenue Code in effect at time of filing.

IV. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that they have fully, accurately, and transparently disclosed all assets, liabilities, and material facts pursuant to Cal. Fam. Code § 2100 et seq.

4.2 Independent Counsel. Each Party acknowledges (i) the right to independent legal counsel, (ii) either has consulted or voluntarily waived such right, and (iii) enters this Agreement free of duress or undue influence.

4.3 No Undisclosed Property. Each Party warrants there is no other community or quasi-community property not disclosed herein.

4.4 Survival. The representations and warranties survive execution and shall not merge into any judgment.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation. The Parties shall cooperate in good faith to execute all documents and take all actions reasonably necessary to carry out this Agreement.

5.2 Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren) or on social media.

5.3 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement confidential.

5.4 Notice of Significant Events. Each Party shall provide written notice within five (5) business days upon:
a. Change of residence or contact information;
b. Commencement of cohabitation in a marital-like relationship;
c. Significant medical issues involving the Child(ren).

VI. DEFAULT & REMEDIES

6.1 Events of Default. Any failure to perform a material obligation, including non-payment of support or failure to transfer property, constitutes an “Event of Default.”

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying default; the defaulting Party has ten (10) business days to cure monetary defaults and thirty (30) calendar days for non-monetary defaults, unless impracticable.

6.3 Remedies.
a. Specific Performance.
b. Wage Garnishment / Qualified Domestic Relations Orders.
c. Contempt Proceedings and Attorney’s Fees under Cal. Fam. Code § 271.
d. Any other remedies available at law or in equity.

6.4 Attorneys’ Fees & Costs. The prevailing Party is entitled to reasonable attorneys’ fees and costs incurred in enforcing this Agreement.

VII. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, cost, or liability (collectively, “Losses”) arising from the Indemnifying Party’s breach of this Agreement or failure to pay any debt allocated to them herein, provided that indemnification shall be limited to the Indemnifying Party’s share of Marital Assets as allocated under Section 3.1.

7.2 Limitation of Liability. Except as expressly provided for child support, custody, or intentional misconduct, each Party’s aggregate liability under this Agreement shall not exceed the value of assets received by that Party pursuant to Section 3.1.

7.3 Force Majeure. Neither Party is liable for delay or failure to perform caused by acts of God, war, pandemic, or other events beyond reasonable control; however, support obligations shall not be suspended absent Court order.

VIII. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. The Parties shall first attempt to resolve any dispute by good-faith negotiation.

8.2 Mediation. If unresolved after ten (10) days, the dispute shall be submitted to confidential mediation with a mediator mutually selected from the Court-approved panel.

8.3 Limited Arbitration. Subject to Cal. Code Civ. Proc. § 1281.2 and excluding issues of custody and support (which are non-arbitrable), property-related disputes may be submitted to binding arbitration under the California Arbitration Act.

8.4 Court Jurisdiction. All matters not resolved by mediation or limited arbitration shall be decided by the Court sitting without a jury, consistent with Family Code restrictions on jury trials.

8.5 Injunctive Relief. Either Party may seek immediate injunctive relief (including Domestic Violence or other restraining orders) as authorized by law without first engaging in negotiation or mediation.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is valid unless in a writing signed by both Parties and approved by the Court. No waiver of any provision constitutes a waiver of any other provision.

9.2 Assignment. No Party may assign rights or delegate obligations under this Agreement, except to a trustee or estate representative, without prior written consent.

9.3 Successors & Assigns. This Agreement binds and benefits the Parties, their heirs, personal representatives, and permitted assigns.

9.4 Severability & Reformation. If any provision is held invalid, the remainder shall remain in full force, and the invalid provision shall be reformed to reflect the Parties’ intent to the maximum extent permitted by law.

9.5 Integration; Merger. This Agreement constitutes the entire understanding and supersedes all prior oral or written agreements between the Parties regarding the subject matter herein.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which constitutes an original; electronic signatures are as binding as originals.

9.7 Headings. Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the dates set forth below.

[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of California
County of ______

On _ before me, __, Notary Public, personally appeared ____, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged execution.
Witness my hand and official seal.

Notary Public

SCHEDULES

• Schedule A-1 – Tangible Personal Property Allocations
• Schedule A-2 – Real Property Description & Quitclaim Deeds
• Schedule A-3 – Financial Accounts & Securities
• Schedule A-4 – Retirement & Deferred Compensation Plan Interests
• Schedule B – Separate Property Lists
• Schedule C – Parenting Plan
• Schedule C-1 – Holiday & Vacation Schedule
• Schedule D – Community Debts Allocation

[// GUIDANCE: Attach asset/debt schedules with sufficient specificity (e.g., last four digits of account numbers, VINs, legal property descriptions). Review QDRO requirements for each retirement plan. Verify child support calculations using current DissoMaster™ parameters or statewide guideline software.]