Marital Settlement Agreements

In a majority of Florida divorces, the parties will resolve some or all of their issues through a marital settlement agreement rather than litigate them in court. By utilizing a marital settlement agreement, the parties can determine matters such as equitable property division, parenting time, spousal support, and other important aspects of their divorce. Whether you are seeking legal representation during the settlement negotiation process or enforcement of an approved agreement, a West Palm Beach divorce lawyer can assist you. Attorney Jessica Mishali can provide advice and address any concerns you may have regarding marital settlement agreements.

A marital settlement agreement is a contract between spouses that sets out any mutually agreed-upon terms of their divorce. It allows the parties to have some control over the outcome of significant issues that will affect their lives. A settlement may be reached at any point in a pending divorce case, as long as any discovery and financial disclosure requirements are satisfied.

Topics covered in a marital settlement agreement may include how the couple’s real property, assets and debts will be divided, whether spousal support will be provided and in what amount, child custody arrangements and visitation rights, payment of legal fees and court costs, and other matters to which the parties have agreed. It is important to note that the marital settlement agreement will not transfer title to property. However, a divorce attorney can assist you by preparing property documents if necessary and ensuring that proper steps have been taken to transfer title.

It is essential that the parties understand the consequences of their agreement. Once the court approves the marital settlement agreement and incorporates it into a Final Judgment of Dissolution of Marriage, it becomes a legally-binding document. If one of the parties does not comply with the terms of their agreement following the divorce, the other party may take legal action to enforce the contract. Although some aspects of a marital settlement agreement may be modified at a later time, such as child support and alimony, it is important to note that matters regarding the division of marital property are generally permanent.

All issues in a Florida divorce relating to child custody, support payments, and parental responsibilities are outlined in a parenting plan. The parenting plan covers the rights and obligations of each parent with respect to issues concerning the well-being of their child, such as health insurance coverage and education expenses. Many of these matters may be resolved by agreement of the parties. A parenting plan that is established by agreement is usually referenced within the marital settlement agreement and attached as an exhibit. When the marital settlement agreement includes a parenting plan, the court will evaluate the agreement using a legal standard of the best interest of the child.

A well-drafted marital settlement agreement that clearly defines the parties’ rights and obligations may avoid costly legal disputes in the future. Although a lawyer is not required to prepare or reach a marital settlement agreement, many people may benefit from legal representation during the process. An attorney can protect your interests during negotiations, identify potential issues and problems, and provide practical advice tailored to your needs.

If you are considering a marital settlement agreement, you can protect your interests by hiring an experienced attorney in West Palm Beach. Lawyer Jessica Mishali can assist people with divorce and family law issues throughout Martin, Broward, and Palm Beach Counties, including Boynton Beach, Hallandale Beach, Delray Beach, Jupiter, Wellington, Jensen Beach, Hollywood, Davie, Boca Raton, Hobe Sound, Palm City, Stuart, Pompano Beach, Royal Palm Beach, Indiantown, Coral Springs, Pembroke Pines, Plantation, and Fort Lauderdale. Request a consultation today by calling the Law Offices of Jessica Mishali, P.A. at (561) 833-2772 or submitting the contact form on our website.