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Dina Haddad
March 16, 2023
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Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created The Complete Divorce. I took my successful mediation practice and condensed it into an affordable and winning program.
Did you think your California divorce would be a breeze because you and your spouse agree on everything, only to find that the court rejected your paperwork?
Maybe this has happened once, maybe two times, maybe even three. With each refusal comes several months of waiting for approval and additional filing fees. Often the issue lies with errors in the marital settlement agreement (MSA) or the completion of the judicial council forms.
Missing disclosure statements, incorrect child or spousal support calculations, or unclear wording are all common reasons why courts will reject the MSA. Start your divorce today and complete all the forms and MSA at your schedule, and amicably, without a lawyer.
This guide outlines what a marital settlement agreement (MSA) is, how to draft one properly, and how to avoid lengthy and expensive delays.
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A marital settlement agreement (MSA) is a written legally binding document to be used during California divorce cases or legal separation actions. In an MSA, couples will determine how they would like to divide their assets (property), debts, custody of children, child support payments and spousal support payments.
The couple’s marital settlement agreement may then be approved by the court and incorporated into the Judgment of Dissolution (Form FL-180). Once this happens, the marital settlement agreement has the same enforcement power as any other court order.
The MSA matters because the terms you agree to will control your parenting responsibilities, finances, and legal duties for many years after the divorce.
The MSA is the agreement that the parties make for themselves. The MSA outlines the details of how they will resolve the issues of their divorce, including property division, debt,child custody, visitation rights, child support, spousal support, and tax obligations. The couple prepared and signed the MSA prior to the entry of the final judgment.
The stipulated judgment is similar to an MSA; however, the wording of a Stipulated Judgment is slightly different. The Stipulated Judgment is written from the perspective of a judge, but the parties are preparing the agreement for the judge. In other words, there does not need to be a court hearing or trial to have a stipulated judgement.
Example:
MSA might say, “The parties agree that the Residence shall be sold by X date.”
Stipulated Judgment might say, “The Judge orders that the Residence shall be sold by X date.”
Both MSA and Stipulated Judgment are signed by the parties, and then later, signed by a family court judge.
Once both parties agree on the terms of the MSA or Stipulated Judgment, the judge signs the agreement converting it into a court order. The MSA or Stipulated Judgment becomes the terms of the divorce judgment..
The divorce decree is the final judicial order that dissolves the marriage. The divorce decree includes the stipulated judgment or MSA which is the signed agreement of the parties.
Therefore, most California divorces occur in the following order — MSA or stipulated judgment → divorce decree. As such, it is extremely difficult to correct errors in the MSA after the court has entered the final judgment.
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Feature
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Marital Settlement Agreement (MSA)
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Stipulated Judgment
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Divorce Decree (Judgment of Dissolution)
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What it is
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Written agreement resolving all divorce issues
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Written agreement resolving all divorce issues
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Final court order converting the Agreement into a Judgment, and ending the marriage
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Who prepares it
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Parties, attorneys, or mediators
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Parties, attorneys, or mediators
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Judge/court will sign the forms prepared by the parties or professionals
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When it’s used
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When an agreement is reached
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When an agreement is reached
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After the agreement is reached
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Level of detail
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Very detailed (property, debts, custody, support, taxes)
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Very detailed (property, debts, custody, support, taxes)
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Different details (see also, FL-180)
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California courts have very specific rules for signing a marital settlement agreement (MSA) prior to a judge approving it. If you miss one of these steps, the process will likely be delayed, or your marital settlement agreement will not be approved.
You and your spouse are required to share all of the same financial information. You must complete and file both the Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142). The confirmation that this has been completed is by filing the FL-141. This last disclosure may be waived with FL-144.
Both spouses must agree on how the marital assets will be divided, who will pay what debts, and how children will be cared for. It also includes how much child and/or spousal support will be paid, and what other obligations each spouse will have in relation to the divorce, prior to drafting an agreement.
Draft an MSA that clearly outlines everything that was agreed upon regarding the divorce.
Both spouses must sign voluntarily. In default cases, the respondent’s signature must be notarized.
Both spouses must sign the MSA willingly. The parties then submit the MSA to the court for filing with the required judicial council forms, including FL-180, Judgment for Dissolution of Marriage..
The judge reviews the Judgment package (judicial council forms and agreement) for legal compliance. The judge cannot reject an agreement based on terms or fairness. Parties are entitled to agree to an unequal split or an unfair agreement. The judge cannot prevent this from occurring should the parties have signed the agreement.
Once incorporated into the final judgment, the MSA becomes legally binding and enforceable through the court if violated.
You and your spouse have agreed to everything and thought a simple, “easy” divorce was innstore for you. Unfortunately, when you go to file your paperwork with the court, they reject them.
Most of the time, this occurs because the MSA (Marital Settlement Agreement) contains errors that delay approval for months. For example, if the language used in the agreement is unclear, the court may reject the agreement and/or make it difficult to enforce at a later date.
The Complete Divorce MSA Builder walks you through each section of preparing your MSA step by step based upon California laws and without a lawyer.
This tool also assists in drafting clear, court ready language and ensures all necessary areas are included prior to submission to the court. The MSA builder includes reminders and warnings so that the required court language is included in your MSA and you are set up for success. Start your divorce today to unlock your divorce forms, MSA, and parenting plans.
Some errors may be amended; however, some (i.e., division of property) are nearly impossible to correct once the Court enters its final Judgment. Therefore, careful preparation, review and submission prior to filing for entry will assist in preventing irreversible errors from occurring
When the Marital Settlement Agreement is signed, it is binding upon both parties. If a party violates this Agreement, the Court may issue appropriate Orders for Enforcement including, but limited to, Wage Garnishments, Payment Orders, etc.
No. Notarizing an Agreement alone does not create the obligation of enforcement. An Agreement must be approved by a Judge and included in the Final Divorce Judgment tohave the full force of a Court Order.
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