What is a marital settlement agreement in a divorce in Florida?
A Florida prenup predefines what will occur upon divorce with regard to issues such as division of property and debt, and alimony or spousal support. So they can save you the cost of an expensive court battle. Usually what a party will get or not get under a prenup in the event of divorce, is far different than what a judge would order upon divorce if there were no prenup.
If a couple is able to agree on any or all of the related issues, they are advised to file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), as applicable. If there are any remaining issues to be settled, they will be settled by a judge at the final hearing.
A Marital Settlement Agreement is important because if you have no marital property, no joint debts, and no children, you probably don’t need a marital separation agreement to get a no-fault divorce. However, if you want to provide for the future governance of your relationship, as well as provide additional evidence to the court about the day that you separated, you should have a Marital Settlement Agreement. An agreement leaves no doubt about the details of the ending of your marriage relationship. It is better to have a clearly written agreement, rather than rely on verbal understandings.
In Florida, if you have a Marital Settlement Agreement your divorce pleadings will be simpler and less complicated and it will be absolutely clear to the court that you have an uncontested divorce.
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