California Divorce Settlement Agreement With Property
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Marital Settlement Agreements If you and your spouse pursue a collaborative divorce or uncontested divorce, you will submit a settlement agreement to the court. This agreement needs to be notarized to prove that both of you agree to the terms and have not been forced into signing by the other party.
Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties: (a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized.
California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court in a divorce.
However, uncontested divorce and true default divorce do not require notary in California. An uncontested case is when one party files for divorce and other responds, officially entering the case willingly so notarization is not required to prove identity.
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.