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Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
The court concluded that a party may waive the filing of a financial affidavit in a simplified proceeding under Rule 12.105 by failing to object at trial, and that such a waiver will be upheld when there is no showing of prejudice and the record demonstrates competent substantial evidence that supports the final award.
In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case.
The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed. If you and the other party agree to waive the requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure with the court.
A majority of Florida family law courts require both litigants to complete a financial affidavit. For more information, please call our office at 407-335-8113. It is important to note that in almost every divorce case, a financial affidavit is a basic requirement under mandatory disclosures.