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How to write up a spousal support agreement Decide on amount and how it will be paid. How much one person will pay the other each month. ... Write-up your agreement. ... Sign and make copies of the agreement. ... Take your agreement to get judge's signature and pay fee. ... Get back signed agreement and give copy to your spouse.
You and your spouse must sign the form. It tells the court that your spouse is taking part in the case (if they didn't already file a response), that you agree about how to resolve your divorce, and will waive your rights, like a right to a trial, so that the court can accept your agreement.
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.
You both must sign the agreement. If your spouse didn't file a response in this case, their signature must be notarized. This means an official checks their ID and then has them sign the document in front of them.
Divorce Decree: The Main Difference. Your marital settlement agreement doesn't mean that you're divorced. Only your divorce decree means that you're divorced. Your marital settlement agreement will ultimately become your divorce, but it needs to be reviewed by a judge first.
You must have the signature of your spouse notarized. The court will mail this form back to you after the judge has signed the judgment. It's the official notice from the court that your divorce or legal separation is final.
Note: In a default case, the signature of the respondent on the settlement agreement must be notarized. Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180).