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Vivian C. Rodriguez is a national consultant on case strategy on litigation and alternative dispute resolutions for parties headed for divorce court to avoid expensive and emotionally frustrating divorces. In Florida she is a family trial attorney and certified family mediator.
If you and your spouse have decided to get divorced through an uncontested Florida divorce proceeding, a marital settlement agreement will be part of your divorce papers if you have assets, debt or children. And it is an extremely important document.
The marital settlement agreement, like any other agreement, is a contract. In it you will include those things that each of you agreed to do in connection with your children, if you have any, as well as the property and debt accumulated during the marriage.
As a contract, the agreement will be enforced just like any other contract. This means that if you and your spouse agree to something in writing, you had better make sure that what is in writing is all you agree to. In other words, do not make any “side” agreements or “understanding” about anything included in the agreement thinking that your spouse will abide by what is not written in the document. What is in writing will control over everything else.
The key to a good marital settlement agreement is to negotiate well and to make sure you can live with what you agree to do. To accomplish both of these goals you also must know—before you sign the agreement---the legal ramifications each provision may have for you once the divorce is final. There are certain things that, once you agree to them, will be nearly impossible to change after the divorce; and if you succeed in making any changes, it may well come after spending a considerable amount of time in post-judgment litigation.
Post-judgment litigation can be as costly as a contested divorce, or even more so.
For example, what happens if, as a result of dividing marital debt, the agreement provides that your spouse will pay for that joint credit card debt but he or she doesn’t? In this example, if your now former spouse refuses to pay, you would have to take him back to court to try and enforce that provision of the agreement.
© Vivian Rodriguez
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