Very few words invoke feelings of misery or dread like the word “divorce.” It’s a word that, for most people, is synonymous with intense anxiety and the destruction of ones family. In a Florida contested divorce, these feelings are unavoidable consequences of an adversarial proceeding. However, for those who can agree on the terms of their divorce, a Marital Settlement Agreement offers an opportunity to turn a hostile situation into a managed and predictable process. The agreement provides certainty, with both parties compromising on various points to reach resolution of the divorce, and thereby resolving all issues relative to custody, visitation, property division, child support and spousal support.
Advantages of Settlement
Less Fees and Costs: Because marital settlement agreements can be reached quickly and do not involve protracted litigation in court, attorneys spend a fraction of the time that would otherwise be needed to complete the divorce. The cost is thereby minimized.
Speed: Divorcing spouses have full control over the speed of the settlement negotiations, and are not delayed by litigation and court backlogs.
Flexibility: A settlement agreement is a product of the parties’ chosen solutions to resolve their particular problems and and concerns.
Marital Settlement Agreements are Complete Resolutions of the Divorce
Parties can include all of the issues presented by their divorce inside the settlement agreement. As long as none of the provisions violate existing law and the agreement is not obtained by fraud or duress, it will be considered a valid agreement that can be incorporated into a Final Judgment of Divorce. The settlement agreement can resolve all disputes relative to:
- Assets (marital residence, investments, automobiles, etc.)
- Liabilities (mortgages, car loans, credit card debt, etc.)
- Child Support
- Parenting Plans
- Time-sharing Arrangements
Experienced Family Law and Divorce Attorneys
Although marital settlement agreements are typically less complicated than divorce litigation, they are complex documents with numerous issues to address, such as tax repercussions and estate planning issues, that require advice of an experienced domestic relations attorney. Consult a experienced Florida family law attorney to determine whether a settlement agreement is the right option for you in your dissolution of marriage case.