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Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file this document with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
To be enforceable under Code of Civil Procedure §664.6, the material terms of the settlement must be explicitly defined in the agreement. A settlement agreement, like any other contract, is unenforceable if the parties fail to agree on a material term or if a material term is not reasonably certain.
In Florida, property is divided 50-50 if it is considered ?marital property? ? or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
Note: In a default case, the signature of the respondent on the settlement agreement must be notarized. Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180). Submit the Judgment with the other documents required to complete the case.
Neither spouse is ever guaranteed to receive half of the marital property during divorce in the Sunshine State, regardless of how long the couple has been married. Along with knowing the equitable distribution law of the state, it is just as important to realize that only marital property is divided during a divorce.
In Florida, a proposal for settlement must be in writing and must state that it is being made pursuant to Florida Statute 768.79. It must be served to the other party by certified mail or hand delivery and must give the other party 30 days to accept or reject the offer.
Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of circuit court in the county where the petition was filed and keep a copy for your records.
Spouses have a legal duty to provide financial support to each other. Spousal support (alimony) can be required even if the couple is separated and not yet divorced. Spouses are obligated to provide financial support approximate to that which has been established during the marriage.