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When navigating the complexities of divorce in Florida, a Divorce Settlement Agreement form plays a crucial role in outlining the terms of the separation. This form serves as a written document that details how assets and debts will be divided between spouses. It addresses key aspects such as child custody arrangements, visitation schedules, and child support obligations, ensuring that the best interests of any children involved are prioritized. Additionally, the agreement may cover spousal support, also known as alimony, which can provide financial assistance to one spouse post-divorce. Both parties must agree to the terms laid out in the form, making it essential for open communication and negotiation. Once completed, this agreement becomes a legally binding document that is submitted to the court for approval, facilitating a smoother divorce process and reducing potential conflicts down the line.
Form Example
Florida Divorce Settlement Agreement
This Florida Divorce Settlement Agreement ("Agreement") is made on this _____ day of ___________, 20__, between ____________________ ("Party One") and ____________________ ("Party Two"). The parties acknowledge that they have agreed to dissolve their marriage under the laws of the State of Florida, specifically referring to the Florida Family Law Rules of Procedure. This Agreement sets forth the terms under which Party One and Party Two will settle matters concerning financial arrangements, property distribution, child custody, and other relevant issues.
1. Marital Settlement:
The parties hereby agree to the equitable division and distribution of all marital assets and liabilities as outlined in this Agreement. Identification and division of these assets and liabilities are subject to and in accordance with the laws of the State of Florida.
2. Division of Property:
All real and personal property acquired during the marriage by either party shall be divided as follows:
- Property A: ________________________________________ [To be allocated to Party One/Party Two]
- Property B: ________________________________________ [To be allocated to Party One/Party Two]
- Additional properties and the terms of their division should be listed here.
3. Alimony:
Party One / Party Two shall pay to the other party alimony in the amount of $__________ per month, for a duration of __________ [months/years], starting from ___________, 20__.
4. Child Custody and Support:
If the parties have minor children from this marriage, they agree to the following terms regarding custody, visitation, and child support, with all arrangements made in the best interests of the child(ren):
- Primary Custody: _____________________________________________ [Party One/Party Two]
- Visitation Rights: ____________________________________________
- Child Support: Party One / Party Two shall pay the other party child support in the amount of $__________ per month until the child(ren) reach 18 years of age or complete high school, whichever is later.
5. Debts:
The following debts will be assumed by the respective parties:
- Debt A: ______________________________________ [To be assumed by Party One/Party Two]
- Debt B: ______________________________________ [To be assumed by Party One/Party Two]
- Additional debts and the terms of their division should be listed here.
6. Miscellaneous Provisions:
- This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
- Any disputes arising under this Agreement shall be settled through mediation before resorting to legal action.
- This Agreement contains the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
- Any amendment to this Agreement must be made in writing and signed by both parties.
Executed this _____ day of ___________, 20__, in the State of Florida.
Party One: ____________________________
Party Two: ____________________________
Witness: ______________________________
Form Specifications
| Fact Name | Description |
|---|---|
| Purpose | The Florida Divorce Settlement Agreement form outlines the terms agreed upon by both parties regarding asset division, alimony, and child custody. |
| Governing Law | This form is governed by Florida Statutes Chapter 61, which covers dissolution of marriage and related matters. |
| Mutual Agreement | Both spouses must voluntarily agree to the terms set forth in the settlement for it to be valid. |
| Filing Requirement | The completed form must be filed with the court as part of the divorce proceedings. |
| Child Support | If children are involved, the agreement must include a plan for child support payments, adhering to state guidelines. |
| Modification | Once signed and approved by the court, the agreement can only be modified under specific circumstances, such as a significant change in financial status. |
| Legal Representation | While not required, it is highly recommended that both parties seek legal counsel to ensure their rights are protected. |
| Final Judgment | The agreement becomes part of the final judgment, making it enforceable by law. |
Some Other Florida Forms
Florida Bill of Sale Form - Typically straightforward and easy to complete, ensuring a quick and efficient transaction.
Free Florida Purchase and Sale Agreement - A legal contract detailing the sale of a property, including descriptions, price, and closing information.
Marital Settlement Agreement for Simplified Dissolution of Marriage - Even in amicable separations, the form provides a safety net by specifying actions in case of non-compliance by either party.