Drafting and review of marital settlement agreements for couples who have reached their own terms for separation.
Documenting an agreement the couple has already reached
A marital settlement agreement sets out the terms a separating couple has agreed to (division of property and debt, spousal support if applicable and other financial matters) in a document intended to be submitted as part of an uncontested dissolution of marriage. The firm represents one spouse, not both. Its role is to advise that client and put the agreed terms into clear, complete and enforceable language, while the other spouse is encouraged to obtain independent counsel of their own.
This work is limited to matters in which the spouses have already reached their own terms, whether independently or through mediation. Matters involving contested divorce or custody litigation fall outside the firm's practice and are referred to appropriate litigation counsel.
What a marital settlement agreement typically covers
- Division of marital assets and liabilities, including real property, accounts and business interests.
- Any spousal support arrangement the parties have agreed to, including amount and duration.
- Treatment of jointly held debt and responsibility for future obligations.
- Tax-related elections and responsibilities arising from the separation.
- Any other financial terms specific to the couple's circumstances.
Disclosure and clarity still matter in an uncontested matter
Even where a couple has reached agreement amicably, complete financial disclosure between the parties supports a durable, enforceable agreement and reduces the likelihood of a later dispute about what was actually agreed. Clear, precise drafting, particularly around property division and any support terms, is what allows an amicable agreement to remain amicable.
Coordinating with mediation and the court process
Many couples reach their settlement terms through mediation before the agreement is drafted. Where that is the case, the firm's role is to translate the mediated terms into a properly drafted agreement suitable for submission in the dissolution proceeding, coordinating as needed with each spouse's own counsel.
Answers
Frequently asked questions
- Does this firm handle contested divorces?
- No. The firm's family law practice is limited to transactional agreements (prenuptial, postnuptial, cohabitation and marital settlement agreements) for matters where the parties are not in contested litigation. Contested divorce or custody disputes are referred to litigation counsel.
- If we already agree on everything, why do we need a lawyer?
- Even an amicable agreement benefits from precise drafting to avoid future ambiguity and Florida's dissolution process generally requires a properly prepared settlement agreement to be submitted to the court for an uncontested proceeding to move forward smoothly.
- Can one lawyer draft the agreement for both spouses?
- One attorney cannot represent both spouses in negotiating the agreement's terms, though the firm can prepare a draft reflecting terms the couple has already reached and recommend that the other spouse have independent counsel review it.
- How does a business interest get addressed in a settlement agreement?
- The agreement should specify how the business interest is valued, whether it is retained by one spouse or divided and any related terms such as payment for the other spouse's share, drafted with enough precision to avoid later disagreement.
- What if we start out agreeing but later have a dispute about the terms?
- The firm's role centers on documenting an agreement the parties have reached. If a genuine dispute arises that cannot be resolved through negotiation, that matter falls outside this transactional practice and is referred to appropriate litigation counsel.
Official sources
Consult the official sources above for current rules and procedures.