Property Settlement Agreement: What It Covers in a Divorce
A property settlement agreement is a written agreement between spouses that settles how they divide property and debts and resolves other issues in the divorce. In California the document is called a marital settlement agreement.
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What it covers
The Stanislaus Superior Court's form says the agreement resolves the couple's rights and obligations in the case. It can be signed any time after a dissolution or legal separation is filed, and it should cover every item in the petition and any response, such as:
- Property division
- Custody and visitation
- Child and spousal support
How it becomes binding
The court form says that once the parties sign the agreement, it is incorporated into the final judgment. It also says its terms may be made a court order in the final judgment. If the other spouse filed a response, additional forms are required before the judgment is finalized. If the other spouse defaulted, their signature must be notarized.
Related orders
A settlement that divides a retirement plan may also need a separate order. The U.S. Department of Labor says a domestic relations order includes approval of a property settlement, and a qualified domestic relations order is the type that plans must honor. See the entry on qualified domestic relations orders.
Names and procedures vary by state. Ask the court clerk or an attorney.
Frequently asked questions
Is a property settlement agreement the same as a divorce decree?
No. The agreement is signed by the spouses. The decree or judgment is the court order that ends the marriage and may incorporate the agreement.
Do both spouses have to sign?
The court form describes an agreement signed by the parties, and a notarized signature if a respondent defaults.
Where do I get a copy?
The agreement is part of the court file. Ask the clerk of the court that handled the divorce.
Sources
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Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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