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If you and your spouse h ve decided to get divorced through an ncontested Florida divorce proceeding, a divorce greement--or marital settlement agreement--will be part of y ur divorce papers if you have ssets, debt or children. And it is an xtremely important document. The marital settlement greement, like any other agreement, is a c ntract. In it you will include th se things that each of you greed to do in connection with y ur children, if you have any, as w ll as the property and debt ccumulated during the marriage. As a c ntract, the agreement will be enforced j st like any other contract. This m ans that if you and your sp use agree to something in writing, you had b tter make sure that what is in wr ting is all you agree to. In ther words, do not make any “s de” agreements or “understanding” about anything ncluded in the agreement thinking that y ur spouse will abide by what is not wr tten in the document. What is in wr ting will control over everything else. The key to a g od marital settlement agreement is to n gotiate well and to make sure you can l ve with what you agree to do. To ccomplish both of these goals you lso must know—before you sign the greement---the legal ramifications each provision may h ve for you once the divorce is f nal. There are certain things that, nce you agree to them, will be n arly impossible to change after the d vorce; and if you succeed in m king any changes, it may well c me after spending a considerable amount of t me in post-judgment litigation.
Post-judgment litigation can be as c stly as a contested divorce, or ven more so.
For example, what h ppens if, as a result of d viding marital debt, the agreement provides th t your spouse will pay for th t joint credit card debt but he or she d esn’t? In this example, if your now f rmer spouse refuses to pay, you w uld have to take him back to c urt to try and enforce that pr vision of the agreement. The Florida d vorce forms provide marital settlement agreements. H wever, while they may seem easy to se, the above example is probably typ cal of what can happen when you use the f rms—filling in the blanks according to wh t you have agreed to---without knowing wh t the legal consequences could be for y u. © 2007 Vivian Rodriguez
The article Divorce Agreements in an Uncontested Florida Divorce was Submitted by Vivian Rodriguez through Articles.GetACoder.com network. Here's the additional information: Vivian Rodriguez has been a pr cticing attorney in Florida for over 18 y ars, and is also a Florida S preme Court-certified family law mediator. http://www.viviancrodriguez.com For information on an uncontested Florida divorce using professionally prepared Florida forms visit http://www.myezfloridadivorce.com Tel 305-760-4557
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