How to write an agreement
Write agreement yourself or get help
Prepare the agreement yourself
Get a sample agreement or a template from a reliable source
- Ask your Family Law Facilitator or your court's Self-Help Center if they have a template or sample agreement
- Your local law library may have a template or books with sample agreements
There are certain words or phrases the court expects to see in the agreement. If those words are not in are not there, the court can’t accept the agreement.
You can also attach court forms to your agreement
Child Custody and Visitation (Parenting time) Order Attachment (form FL-341)
States what you and your child's other parent agreed to for the care of your children.
Child Support Information and Order Attachment (form FL-342)
States what you and your child's other parent agreed to about child support.
Spousal, Partner, or Family Support Order Attachment (form FL-343)
States what you and your spouse agreed to for long-term spousal support. You can attach Spousal or Domestic Partner Support Factors Under Family Code Section 4320-Attachment (form FL-349) to Form FL-343.
Property Order Attachment to Judgment (form FL-345)
States what you and your spouse agreed to for your property.
Get help to prepare your agreement
If you and your spouse have an agreement about your property or support, you will need to complete or waive your final Declarations of Disclosure before or when you write out the agreement.
- Many lawyers can help you prepare your final agreement.
- Some courts have programs where you and your spouse can go to court to complete your agreement and even finish your divorce that day. Court staff cannot offer legal advice, but can offer information about what forms you would need to complete the divorce. Ask your court's Self-Help Center what they offer.
You can waive them using Stipulation and Waiver of Final Declaration of Disclosure (form FL-144). You and your spouse sign this form. It tells the court you are waiving final declarations.
If you don't waive final disclosures, you will follow the same process you did to share your preliminary disclosures, but you'll check the boxes that say "final" on the forms.
Review the agreement and make sure you understand what it says
You both need to read the agreement. Double check that it matches what you had talked about and agreed to.
If you have any questions about what anything means or if it’s in your best interest, you can ask a lawyer to review it and discuss it with you. Many lawyers will charge an hourly consultation fee.
Sign the agreement
You both must sign the agreement.
If your spouse didn’t file a response in this case, their signature must be notarized. This means an official checks their ID and then has them sign the document in front of them.The person whose signature must be checked brings the unsigned document to a notary public. A notary is an official who checks the identification of a person signing a document. Many shipping or mailing stores have them. You can also find one online.
Visit the notary
Prove your identity – show an official ID, like a driver’s license or passport
Sign the agreement
The notary stamps the agreement
Pay a fee for each signature (the fee is usually $15 but may be different)
Once you and your spouse have a signed agreement, you've completed the "make decisions" part of the divorce process.