1 MARITAL SETTLEMENT AGREEMENT

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Case No. ________________________
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I, NAME OF HUSBAND, Husband and I, NAME OF WIFE, Wife, agree as
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19 follows:

20 1. GENERALLY: We were married on DATE OF MARRIAGE and separated on

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DATE OF SEPARATION. The length of marriage was LIST NUMBER of years and LIST
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NUMBER months. We make this agreement with reference to the following facts.
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A. Children: There are no minor children of this marriage. Or if you have minor
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25 children state, There are ___________ minor children of this marriage, namely, FULL

26 NAME and DATE OF BIRTH.

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28 MARITAL SETTLEMENT AGREEMENT
 1 B. Unhappy and irreconcilable differences have arisen between us which have
2 caused the irremediable breakdown of our marriage.
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C. We now intend by this agreement, to make a final and complete settlement of all
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our rights and obligations concerning support and division of property.
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2. SEPARATION: We agree to live separately and apart, and, except for the duties and

7 obligations imposed and assumed under this agreement, each shall be as free from interference

8 and control of the other as fully as if he or she were single.

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3. CHILD CUSTODY AND VISITATION: Husband and Wife shall share Joint Legal
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and Physical Custody of the minor children of the parties, the scheduling of the times when the
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minor children shall be in the custody and control of either party shall be as follows:
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13 A. In odd-numbered years commencing in 2013, the entirety of the Christmas school

14 holidays from noon on the first saturday following the last day of school to noon on the day
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before school resumes in January, in even-numbered years commencing in 2012, from noon on
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December 26 to noon on the day before school resumes in January.
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B. The entirety of the spring school holidays from noon on the first Saturday
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19 following the last day of school to noon on the day before school resumes.

20 C. The first six weeks of the summer school vacation between noon on the Sunday
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following the last day of school in the spring semester to noon Saturday of the sixth week
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thereafter.
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D. Alternate holidays weekends commencing with Columbus Day 2013 upon one
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25 weeks prior notice to the Petitioner (such alternating holiday weekends to not include Easter, the

26 Fourth of July, Labor Day, Christmas or New Years). For the purposes of this subparagraph
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28 MARITAL SETTLEMENT AGREEMENT
 1 holiday weekends are defined as three to five day periods including a Saturday and Sunday
2 and a legal holiday recognized and celebrated by the school in which the children are enrolled.
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Father may have visitation at other reasonable times upon 48 hours notice. All visitation under
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this subparagraph shall be exercised within 200 miles of the childrens primary residence and the
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exchange shall take place at an agreed upon location in or near ___________. The provisions of

7 this subparagraph are entirely optional for the Respondent and his failure to request visitation

8 under this subparagraph shall not be considered by any Court in any future modification
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proceeding.
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E. The exchange of the children for all visitation other than that set forth in the
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preceding subparagraph shall take place by appointment of the parties at an agreed upon location
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13 midway between the parties residences if the transportation is to be by private motor vehicle. If

14 the parties are unable to agree upon the location, Respondent will pick up the children at
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Petitioners residence to commence his custodial periods, and Petitioner will pick up the children
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at Respondents residence to commence her custodial periods.
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F. Respondent shall not use or be under the influence of any intoxicating substance
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19 within 12 hours before or during any visitation period. Respondent shall not subject the children

20 to the effects of second-hand tobacco smoke while in his residence or vehicle.

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G. The parent who enrolls the children in school or preschool or who commences or
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continues service for the children with a health care provider shall list as the childrens other
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parent the other parents name, address, and home and work telephone numbers on the childrens
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25 school enrollment forms and health care provider records and shall instruct the school

26 administrator to mail to the other parent a copy of the academic year calendar and all such
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28 MARITAL SETTLEMENT AGREEMENT
 1 documents as report cards, progress reports, parent-teacher conference notices, etc., as are
2 regularly mailed to the parents of all students at the same time as such documents are made
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available to other parents who children attend such school. The parent with whom the children
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resides during a school term shall in addition notify the other parent within a reasonable time
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before a school activity takes place of any school activity announced by papers sent home from

7 school with the children or in any fashion other than mailed announcements. The parent who

8 commences or continues to health care service for the children shall also instruct all the
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childrens health care providers that the other parent is the childs other parent who is entitled to
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receive information from them concerning the childs state of health and treatment. If the parent
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who is required to take such action fails to so instruct the school or any health care provider, the
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13 other parent may present a copy of this order to the administration of the school and request to be

14 placed on the enrollment forms and the schools mailing list and to any health care provider as
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evidence of his or her entitlement to receive information about the children. Each party is to keep
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the other informed of his or her address (both mailing and actual physical address [or a
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description of how to reach the residence if it has no street number, and telephone number (or a
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19 message telephone where he or she can be reached within 24 hours) at all times and to notify the

20 other party within 48 hours of any change. Each party shall have the right to make and complete
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at least one unmonitored telephone call of at least 10 minutes duration with the child per week
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while he/she is in the other partys physical custody. Each party shall give the children unlimited
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access to contact with the other parent by placing collect telephone calls to such parent. Neither
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25 parent shall make derogatory comments about the other party or members of the other partys

26 household or family within the presence or hearing of the minor children. Limited to emergency
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28 MARITAL SETTLEMENT AGREEMENT
 1 situations, Respondent shall be authorized to take any and all actions necessary to protect the
2 health and welfare of the children while in his scheduled physical possession.
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You need to put down here what you want regarding custody
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5 and visitation. Do not just use the wording here as it may not apply
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to your situation.
8 Pursuant to Family Code Section 3408, the parties stipulate that:
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A. This court has jurisdiction over the minor children as California is the childrens home
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state.
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B. The responding party was given notice and opportunity to be heard as provided by the
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13 laws of the State of California. The manner in which notice and opportunity to be heard was

14 personal service.
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C. Child custody and visitation rights of each party are as set forth in this Judgment
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D. The country of habitual residence of the child or children in this case is the United States
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of America.
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19 Any violation of the custody/visitation order may subject the party in violation to civil or

20 criminal penalties, or both.

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Remove this section if you do not have minor children.
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23 4. SUPPORT OF CHILDREN: We are fully informed of our rights concerning child

24 support. We make this agreement freely without coercion, threat or duress. We declare that this
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agreement is in the best interest of the children and that the needs of the children will be
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adequately met by the agreed amount. The right to support has not been assigned to the county
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 1 under Section 11477 of the Welfare and Institutions Code and no public assistance application is
2 pending. As and for child support Husband, NAME OF HUSBAND, shall pay to Wife, NAME
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OF WIFE, the sum of $LIST AMOUNT per month for the minor child or children, on the first
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day of each month, commencing on LIST DATE CHILD SUPPORT BEGINS and continuing
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for each child until said child dies, marries, becomes self-supporting, or reaches 18, except that

7 support shall continue until said child reaches 19 or completes high school, whichever occurs

8 first, so long as said child is in high school full time and is not self-supporting. The parties agree
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that when circumstances change they will stipulate, or apply to the Court for a modification of
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the child support. During the term of the support obligation for each child, should health (dental,
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vision) insurance coverage for the benefit of the child become available at a reasonable cost to
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13 either party, that party shall provide such coverage and notify the other party in writing. The

14 childrens reasonable health costs that are not covered by insurance shall be shared equally
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between the parties.
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Remove this section if you do not have minor children.
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28 MARITAL SETTLEMENT AGREEMENT