CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Merger of MSA Into Judgment
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Merger of MSA into judgment not required for effectiveness; MSAs may divide property upon execution.

No implied covenant of good faith and fair dealing in merged MSA, but statutory rules of construction and interpretation still apply.

Waivers of probate rights contained in MSA which merged into judgment held enforceable.

Once an agreement has been merged into the decree, there is no right of action on the agreement itself, only on the decree.

If judgment in which MSA is merged is set aside, MSA falls as well. Factors which determine if MSA merged.

Court has jurisdiction to modify private spousal support agreements, as well as court approved or merged agreements.

MSA warranties do not survive merger/incorporation into judgment; test for incorporation reviewed.

Where MSA merged into judgment, it may not be set aside by action for rescission; must attack judgment.

Breach of K remedies no longer available to enforce MSA if it has been merged into judgment.