Once you begin divorce proceedings this agreement becomes part of the divorce proceedings and if it is incorporated into the final divorce then it becomes a court order can be enforceable. If it is not incorporated into the divorce proceedings then it can be just a contract or agreement between your spouse and you.

Although not required, filing a marital settlement agreement has many advantages. First, because it lays out all of the agreements in writing, there are no ambiguities. Second, the spouses may not have to go to court because the judge will most likely honor the written agreement if written correctly and covers all material aspects of the divorce. Third, it shows the court that the issues were thought out, and the case will move more quickly through the system. If you have a property settlement agreement in California in advance of the proceedings it will make an uncontested divorce much simpler and less complicated to obtain.

Once a property settlement agreement is finalized it will bind both parties to the terms of the agreement unless one or both parties request that it be amended. Both parties must agree in order to effect any changes, or this can be done in court by a judge. Unless the court feels that the agreement is unfair or obtained through fraudulent means, it will usually uphold the property settlement agreement negotiated between the parties.

It is important to note that in California all property acquired during a marriage is considered to be marital or community property and all property owned before the marriage is considered to be non-marital property. All property, real or personal, in or out of the state, that either you or your spouse acquired through labor or skill during the marriage is community property. This may include pension and profit-sharing benefits, stock options, and other retirement benefits. Each spouse owns one-half of all community property.

Debts are also considered community or marital property and may include credit card bills, even if the card is in one person’s name only. Student loans are an exception and are considered separate property debts. If you and your spouse cannot agree on the division of property and debts a judge will review your circumstances and issue an order making the decision for you.

Separate property is property acquired before your marriage and may include rents or profits received from these items; property received after the date of your separation with your separate earnings; inheritances that were received either before or during marriage; and gifts to you alone, not you and your spouse. Debts incurred before your marriage or after your separation are considered your separate property debts.

Marital agreements, including property separation, can be very complicated, particularly with marriages that are being dissolved after many years. You need a lawyer experienced with California divorce law to protect your interests in negotiating a property settlement.

If you have any questions about property settlements in the state of California, please contact our attorneys today.

Please contact us online or call us at 1-800-221-9847.

Related Information
Pre-marital Agreements (Pre-nuptial)
Post-marital Agreements (Post-nuptial)
Community Property in California
Separate Property Rights