The following form is a Property Settlement Agreement including a Child Support, and Custody Agreement (which is somewhat unusual in an annulment situation).
California Annulment Property Settlement, Child Support, and Custody Agreement
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How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
Compromise is an agreement between opposing parties to settle a dispute or reach a settlement rather than continue the dispute or go to trial.
A California marital settlement agreement allows divorcing spouses to document their decisions for alimony, child support, child custody, and the division of jointly-owned assets and debt. By defining these decisions in advance, the couple controls post-marital rights and responsibilities.
If the Marital Settlement Agreement is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers. If you don't incorporate it into the decree, it simply becomes a contract between you and your spouse, which you later have to sue in a separate action to enforce.
Partiality: While a stipulated judgment will resolve the lawsuit in its entirety, a settlement agreement can settle the case in full or in part. If the parties can only agree to certain aspects, they may submit a settlement agreement on those parts and let the court decide the rest.
When both parties agree, the judge will make a consent judgment, which is a settlement approved by the court. Although a settlement agreement may be legally binding, it can be more difficult to enforce. Once a consent judgment is in place, parties cannot disagree or dispute the agreement.
If you and the other parent agree about child support, you can have your agreement made a court order without having to go in front of a judge.
The agreement should set forth what money is being paid for, i.e., the type of damages, as well as the claims it is being paid on. If some damages are taxable and some are not, the settlement agreement should set out, in as much detail as possible, the proportions and rationale.
Hence while drafting a settlement agreement, since settlement agreement is a different type of contract as it involves disputes which are already pending in the court of law, hence court also takes interest in the settlement and has an eye on the settlement agreement.
