How to Prepare a Divorce Settlement Agreement in California

Coming to a settlement agreement as part of a divorce can be a little "unsettling" to say the least. As it is, the emotional drain is enough to drive anyone over the edge. However, if cooler heads prevail you should be able to sit down and rationally come to an agreement on how to divide your assets without the expense of hiring an attorney.

Difficulty:

Moderately Easy

Instructions

1. The first thing to do is to prepare a list of all items and debt accumulated during the marriage. This is referred to as community property. Only focus on these items first as everything will be discussed later. Once you've gathered your information, sit down with the other party and amicably work out an agreement on how to split your assets.

2. Next you will list all items and debt accumulated either before the marriage or after your separation. This is referred to as separate property and will be the responsibility of the individual who accumulated those items. This information will be listed separately from community property in your agreement.

3. Once an agreement has been made you will draft a Property Settlement Agreement which you can download at www.courtinfo.ca.gov. You can also access a sample form to follow in order to make the process go smoothly. Once you have drafted your agreement all that's left to do to complete this part of the process is print and sign.

Tips & Warnings

• Keep in mind this is only a small part of the divorce process. There are several steps you must take in order to get things moving with your divorce. Keep in mind that although this sounds like a fairly simple process, it all hinges on whether or not you can sit down with your soon to be ex-spouse and work together to come to an agreement.

Resources

• Property Settlement Agreement
• Sample Form
• Debt and Divorce