The divorce settlement agreement in Florida: Simplify the Process. Divorce is a heartbreaking phase that marks the end of the marital bond. However, a divorce decree alone will not suffice to separate from your former spouse.
Many issues come up with divorce, such as division of property and debts, alimony, and if you have a minor child, more complicated issues may arise, such as child custody and time-sharing.
To resolve these issues, you can either knock on the court doors or create and sign a mutual settlement agreement outside the court.
A divorce settlement agreement commonly known as a marital settlement agreement(MSA) in Florida, is the most preferred way to resolve marital issues because it saves you from the stressful, time-consuming, and costly court procedure.
Let’s delve deeper into marital settlement agreements in Florida and why you need one.
What does a marital settlement agreement in Florida mean?
When a divorce petition gets filed numerous questions pop up concerning how the property will get distributed, financial support, and other issues. It becomes more complicated when a child is involved. Thus, a marital settlement agreement addresses the following issues
- Distribution of marital property
- Spousal support(alimony)
- Child custody
- Time-sharing
- Any other issues
A marital settlement agreement is a written agreement that sets out the terms and conditions concerning property, assets, debts, spousal support, and if the parties have minor children, then the custody of the child and visits.
All the arrangements get mutually decided between the parties to the marriage before or during the divorce process. These agreements are carefully drafted and have a legally binding effect on both parties.
Both parties take control of their divorce arrangements in their own hands without court intervention in laying out the agreement.
However, judges make the final decision and review the agreement. If the court finds the agreement appropriate for both parties, they can approve it and include it in the divorce order.
Once the agreement gets incorporated into the final order, it becomes binding and enforceable. It means either party can knock on the court’s door in case of any dispute and conflict.
What if you disagrees with the term of the agreement
Sometimes the parties disagree with the agreement’s terms. You don’t have to sign something you disagree with.
Negotiations should be held until both parties are satisfied with every single point of the contract.
You can take a legal advisor’s help and make your wish clear. A counselor can help you file a counterclaim and negotiate the terms better on your behalf. If nothing works out, you are free to ask the court.
Although marital agreements are most convenient, they are not fit for all cases.
If both parties cannot conclude and cannot negotiate the terms among themselves, court intervention becomes necessary.
In such cases, judges resolve the issues and make a final decision, which must be adhered to by both parties.
It can be an expensive and time-consuming process; the entire situation lies in the hands of the judges.
Whatever the judge decides, you need to abide by it.
Thus, a marital agreement is the best option as both the parties negotiate the terms and prepare an agreement on common ground.
Besides, you can seek court help anytime before it becomes final.
Why should you opt for a marital settlement agreement?
There are enormous benefits of considering a marital settlement agreement when dealing with several issues before or during separation or divorce. Let’s look at the enormous benefits:
- Simplified marriage dissolution: In Florida, you can file for either simplified or traditional marriage dissolution. The difference here is that traditional marriage dissolution is a contested divorce in which both parties battle in court. Like any process, it requires a long period of time.
On the other hand, a simplified dissolution of marriage is an uncontested divorce in which parties have already settled all the issues.
Thus, signing an MRA makes you eligible to file for the simplified dissolution of the marriage process and saves your time and cost.
- Control the reins: an MSA gives you the control to decide financial matters and issues related to your child’s custody in your own hands; instead of relying on the courts. You can negotiate the terms as you wish, rather than following a court order whether it is satisfactory or not.
- Have a binding effect: Since the MSA has a binding and enforceable effect, both parties must abide by it. If one of the parties refuses or violates any of the conditions, they have the option to approach the court and settle the matters.
- Saves trial Costs: The longer your divorce lawsuit lasts, the longer your money will be out of your pocket. Unless all matters get resolved, you will have to pay a large amount to a lawyer and bear the court fee. On the other hand, a marital settlement agreement allows you to finalize the terms and conditions more efficiently. You can save the costs spent in the trial room.
- Avoid lengthy divorce process: Creating and signing an MSA can reduce the time spent at trial to reach a divorce order. You can avoid the lengthy court process to deal with the issues and finalize the terms outside the court. You can get your divorce in no time.
- Avoid the risk of adversarial divorce: If you and your spouse can mutually settle terms and conditions on several issues, both parties can present their will and negotiate the terms accordingly. Although they compromise, the outcome will be favorable for both parties.
On the other hand, in litigation, the court will decide the issues. Both the parties must adhere to it, even if the results are prejudicial to either party’s interest.
Wrapping up:The divorce settlement agreement in Florida
A marital settlement agreement is the most convenient way to resolve the issues arising from divorce. However, attempting to do it yourself can lead to detrimental results.
You may suffer the loss of financial assets and other adverse consequences due to haste and ill advice.
Thus, taking a legal advisor’s help may be the best bet.
A legal counsel can help you better negotiate the terms on your behalf and ensure that the settlement gets done in your best interest.
Read also: Annulment in Florida; Adultery in Florida Divorce cases; Grounds for divorce in Florida; What is a divorce lawyer?
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