Families Change Guide to Separation & Divorce

5.6 - Summary of Formalizing the Agreement

5.6 - Summary of Formalizing the Agreement

Formalizing an agreement involves a process that covers all the topics of this course.

Here are some of the points discussed in this section.

  • You can formalize financial issues in a written agreement that is made into a court order.  
  • There are sample agreements on the California courts self help website at www.courts.ca.gov/selfhelp.htm
  • The Family Law Facilitator can help you with a written agreement for support.
  • Parents can decide how they will each spend time with their children.
  • Written agreements, often called “stipulations” agreements, can formalize support, parenting arrangements and property division.
  • Written agreements for child support  must consider the Child Support Guidelines so that the agreement can be filed with the court.
  • You both need to sign the agreement and it is advisable to get separate legal advice before you sign – this is particularly important if you are dividing property and debts and spousal or partner support because there can be tax consequences and other important legal issues.
  • If circumstances have changed and the order made by the court can no longer be followed or no longer serves the best interests of the children, a party can ask the court to change the order. 
  • Court orders may only be changed by another order, not by an informal agreement. Orders can be changed in the same court or a higher court.