Florida Divorce Agreements
Since Florida is considered an equitable distribution jurisdiction, marital property is split and non-marital assets are retained. Florida residents may enter into a written divorce agreement in order to avoid a judicially-determined asset allocation.
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Significance
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Prior to a judicial decree for an uncontested or no-fault divorce, courts require spouses to resolve property settlement and custodial arrangement issues through written agreement. At least one spouse must have been a Florida resident for a six-month period before the divorce is filed.
Features
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Valid Florida property settlement agreements during divorce address several issues including visitation, custody arrangements and child support obligations to any minor children. Alimony must be covered including amounts or waiving alimony support requests. An agreement may also include name changes.
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Identification
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Spouses must provide full disclosure of finances through sworn statements. Apportioning attorneys fees and awards should be included.
Warning
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Written agreements must also include language stating that the divorce is inevitable and the marriage is "irretrievably severed or broken." This basically tells the court that no amount of marital counseling will help the spouses remain married.
Considerations
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Marital agreements may not waive basic child support obligations or limit the visitation rights of either parent, since these violate Florida's public policy laws. Courts cannot require a parent to pay for college tuition fees, but Florida family law judges usually uphold written agreements addressing them.
Disclaimer
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Since this is general information for educational purposes and laws may change frequently, the information should not be used as a substitute for competent legal advice from a licensed attorney in your state.
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References
- Photo Credit the marriage image by Warren Millar from Fotolia.com
