MARITAL SETTLEMENT AGREEMENT CHECKLIST
FACTUAL RECITALS
Identity of parties and minor children
Statistical facts of marriage
Dissolution proceeding contemplated or filed
Each party's employment (or, in the case of an unemployed party, employment background, skills, etc.)
Each party's current earnings
Each party's age
Health of parties
Finality of agreement, or issues left unresolved
PROPERTY DISPOSITIONS
Identity, value and disposition of community and quasi-community property
Identity, value and disposition of noncommunity property joint tenancy and tenancy in common interests
Confirmation of each spouse's separate property interests
REA waivers (waiver of survivorship benefit rights in other spouse's ERISA pension)
Waiver of rights in deceased spouse's estate
Sale of property (and/or deferred sale re, e.g., "family home award")
Warranty: disclosure of property
Warranty: value of property
After-discovered property
Disposition of furnishings and personal effects
Allocation of debt responsibility; "hold harmless" clauses
REIMBURSEMENT CLAIMS
SP contributions to the "acquisition" of CP
Payments on debts
Property improvement payments
Contributions to education and training
CUSTODY AND VISITATION
Sole custody (legal and/or physical)
Joint custody (legal and/or physical)
Other custody arrangement: shared custody; split custody
Reasonable visitation; or defined visitation
Removal of child from jurisdiction– State, County of Monterey
Child's surname
CHILD SUPPORT
Guideline minimum child support requirements
Spouses' recognition of guideline limitations where agreement is for less than the mandatory minimum
"Family home award" as component of child support
Payment schedule": weekly, monthly, or other; when payments under agreement shall commence
Duration of child support (effect of emancipation or adulthood)
Special support considerations: health insurance, medical and dental payments; special educational needs, etc.
Right to claim dependency exemption; waiver of exemption by custodial parent
Agreement to support adult children
SPOUSAL SUPPORT
Amount of support
Payment schedule: weekly, monthly, or other; when payments under agreement to commence
Combined spousal and child support option ("family support")
Payment of debts as payment of support
Satisfaction of state and federal tax requirements for deductibility to payor
Modifiability of spousal support
Duration of support; reservation of jurisdiction
Waiver of spousal support
Pendente lite support
FEES AND COSTS
Attorneys'/mediator’s fees and costs of litigation
Experts' fees
Costs
TAX PROVISIONS
Tax returns (separate or joint returns during the separation period?)
Tax refunds and deficiencies; indemnification provisions
Allocation of dependency exemption
Designation of spousal support as nonincludible, nondeductible for federal tax purposes
GENERAL PROVISIONS
Effect of reconciliation
Effect of invalidity
Law applicable
Mutual releases
Modification, revocation or termination of agreement
Costs of enforcement; waiver of costs of enforcement
Execution of instruments
Execution formalities (notary, recordation, etc.)
Effective date of agreement
Independent legal representation (or acknowledgment of voluntary and knowing refusal to obtain independent legal advice
Persons bound
Parties
Counsel
FACTUAL RECITALS
Identity of parties and minor children
Statistical facts of marriage
Dissolution proceeding contemplated or filed
Each party's employment (or, in the case of an unemployed party, employment background, skills, etc.)
Each party's current earnings
Each party's age
Health of parties
Finality of agreement, or issues left unresolved
PROPERTY DISPOSITIONS
Identity, value and disposition of community and quasi-community property
Identity, value and disposition of noncommunity property joint tenancy and tenancy in common interests
Confirmation of each spouse's separate property interests
REA waivers (waiver of survivorship benefit rights in other spouse's ERISA pension)
Waiver of rights in deceased spouse's estate
Sale of property (and/or deferred sale re, e.g., "family home award")
Warranty: disclosure of property
Warranty: value of property
After-discovered property
Disposition of furnishings and personal effects
Allocation of debt responsibility; "hold harmless" clauses
REIMBURSEMENT CLAIMS
SP contributions to the "acquisition" of CP
Payments on debts
Property improvement payments
Contributions to education and training
CUSTODY AND VISITATION
Sole custody (legal and/or physical)
Joint custody (legal and/or physical)
Other custody arrangement: shared custody; split custody
Reasonable visitation; or defined visitation
Removal of child from jurisdiction– State, County of Monterey
Child's surname
CHILD SUPPORT
Guideline minimum child support requirements
Spouses' recognition of guideline limitations where agreement is for less than the mandatory minimum
"Family home award" as component of child support
Payment schedule": weekly, monthly, or other; when payments under agreement shall commence
Duration of child support (effect of emancipation or adulthood)
Special support considerations: health insurance, medical and dental payments; special educational needs, etc.
Right to claim dependency exemption; waiver of exemption by custodial parent
Agreement to support adult children
SPOUSAL SUPPORT
Amount of support
Payment schedule: weekly, monthly, or other; when payments under agreement to commence
Combined spousal and child support option ("family support")
Payment of debts as payment of support
Satisfaction of state and federal tax requirements for deductibility to payor
Modifiability of spousal support
Duration of support; reservation of jurisdiction
Waiver of spousal support
Pendente lite support
FEES AND COSTS
Attorneys'/mediator’s fees and costs of litigation
Experts' fees
Costs
TAX PROVISIONS
Tax returns (separate or joint returns during the separation period?)
Tax refunds and deficiencies; indemnification provisions
Allocation of dependency exemption
Designation of spousal support as nonincludible, nondeductible for federal tax purposes
GENERAL PROVISIONS
Effect of reconciliation
Effect of invalidity
Law applicable
Mutual releases
Modification, revocation or termination of agreement
Costs of enforcement; waiver of costs of enforcement
Execution of instruments
Execution formalities (notary, recordation, etc.)
Effective date of agreement
Independent legal representation (or acknowledgment of voluntary and knowing refusal to obtain independent legal advice
Persons bound
Parties
Counsel
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