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Fact #1: Florida is one of only six states that does not recognize legal separation.
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
In Florida, Marital Settlement Agreement form is a legal document that shows couple's decisions on asset division and childcare that will become enforceable after spouses are granted a divorce.
Settlement agreements are common in divorce and marital disputes, property disputes, personal injury cases, and employment disputes. These agreements not only keep disputes out of court, but they also save parties from having to pay expensive legal fees for continued litigation and trial.
Divorce Decree: The Main Difference. Your marital settlement agreement doesn't mean that you're divorced. Only your divorce decree means that you're divorced. Your marital settlement agreement will ultimately become your divorce, but it needs to be reviewed by a judge first.
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.
Completing a marital settlement agreement isn't a condition of divorce in Florida. Rather, the couple has the option to complete one. For short-term marriages where there are no significant property or custody components involved, it may not be entirely necessary.
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.