As trusted and reputable Orlando family law attorneys, we understand that when it comes to divorce, there are many issues to be worked out in some situations. Trying to agree to such issues as spousal support, child custody/support, visitation, distribution of assets, property, and debts - can lead to dissention. Additionally, pre-marital and post-nuptial agreements have become more and more common, and are usually an effort on behalf of the parties going into the marriage to not only protect their own interests in the event of a divorce, but make it less acrimonious if the married couple does decide to go separate ways at some point. However, these types of agreements can also cause their own issues when the couple divorces. At Adams & Luka, we strive to ensure that divorce issues are resolved in a fair, easy, and least stressful manner possible.Marital Settlement Agreements in Florida
Essentially, settlement agreements are written contracts that are legally binding, and entered into by spouses who are divorcing. These agreements are designed to resolve issues such as:
- Spousal support or alimony
- Division of property, assets, or debts accumulated during the marriage
- Child custody and visitation - referred to as "time sharing" in Florida
- Child support
Spouses are often able to work out settlement agreements on their own, particularly couples with few assets or who do not have children. However, even if you can agree to all of the issues such as child support, alimony, division of assets, and you do have substantial property or debts, it is highly advised that you have an experienced Orlando divorce agreements attorney review the situation and provide legal guidance to ensure you are treated fairly. Writing up a settlement agreement will also likely require a skilled lawyer who can enlighten you regarding your rights so that you can make the best possible decision for yourself and your children.
Whether you and your spouse reach a settlement agreement on your own, or with the help of an attorney, all parties involved must sign the agreement or contract before being incorporated into your divorce judgment. The judge handling your divorce case will review the agreement and approve it. From this point forward the terms of the agreement must be adhered to by both spouses, as it is considered a court order at the point of approval by the judge.Issues With Agreements in Orlando & Central Florida
With pre-marital and post-nuptial agreements, there are advantages and limitations. In certain situations, pre-marital agreements are not enforceable. There are also frequent issues with other marital settlement agreements, such as an ex-spouse failing to make child support or alimony payments, or pay the mortgage if he/she has been ordered to do so. When you and your spouse came to an agreement regarding the issues unique to your particular situation and an ex-spouse failed to follow the terms, it may be necessary to file a formal request or motion with the court in order to have the agreement enforced.Contact Adams & Luka Today
Divorce is an unfortunate fact of life for many couples, who cannot work out their differences. No one expects to get divorced when taking marriage vows, but we cannot see into the future. When it does happen, the importance of making certain your current and future situation are protected cannot be stressed enough. When it comes to marital settlement agreements, consult with our Orlando & Central Florida family law attorneys who will work diligently to ensure agreements are in order, or proceed with litigation if necessary. Call us today at (407) 872-0307 or (352) 787-2101.