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Florida Marital Settlement Agreement Enforcement

Referring to the current law that requires the court to comply with the clear terms of an agreement, the Court of Appeal sided with the former wife. The Tribunal is considering the substance of the terms of the agreement and not the labels issued by the parties. The court stated: “Overall, because the MSA and the registrations reflect that the lump sum rehabilitating support scheme was independent of the fair distribution system and was not in exchange for valuable property rights, the re-educational lump sum support plan was a matrimonial aid.” It is important to note that the Casto analysis only applies to agreements reached prior to litigation and discovery. Macar v. Macar, 803 So. 2d 707, 713 (Fla. 2001). The Florida Supreme Court in Macar also explained how this is the case, “because spouses can engage each other as agents and, as such, more easily commit fraudulent behavior. However, once legal action has been initiated, both parties may seek legal assistance to participate in the discovery in order to disclose all relevant assets and factors. Given the benefits at issue, a [ex-spouse] should not be allowed to challenge transaction agreements in final judgments under a roof as wide as that expressed in Casto. Id. If the court has ratified the marital transaction contract, it becomes a court order.

If one of the parties does not comply with the agreement, that party violates a court order. If the party does not follow the fair share (distribution of assets and liabilities) of the marriage contract, the only recourse of the other party is to apply for the application of the agreement and hope that the opportunity to exploit the legal fees and the judge`s anger will frighten the other party to respect the terms of the agreement. Unfortunately, the judge cannot maintain the non-compliant party in the “disdain” of a court decision, as it is contrary to the public policies of the State of Florida to imprison individuals for debts, and the fair allocation premium is considered a debt. As is easy to see, the scope of a marriage conciliation agreement can be fraught with difficulties. The search for an experienced family law lawyer is essential to achieve the best possible outcome. If you live in Palm Beach, Broward, Martin, St. Lucie, Miami-Dade, Orange or Hillsborough Countys in Florida or Washington, D.C., or New York lawyer Grant Gisondo is available and experienced to help. The office is located in Palm Beach Gardens and can be reached at (561) 530-4568 to make an appointment for a first free office consultation. He`ll meet you in person. In addition, by visiting its website, you can get more details on issues such as custody and delay, child support, shared parental leave, equitable distribution of assets and marital debts, bankruptcy, pre- and rest contracts, divorce (dissolution of marriage) and post-custodial changes.

In addition, these are areas where the lawyer Gisondo is experienced and can represent you. The application of wealth distribution and spising assistance is different in terms of the methods used to tax payment. If you need help enforcing the terms of your marriage contract in Florida, contact a divorce lawyer in Miami to help. An agreement gives calm and security to the parties. This applies to both a property-based divorce action and an action involving property and/or minor children. Where minor children are involved, the Court assesses the agreement between the parties with respect to the allocation of time, custody of children and related issues contained in the parties` parent plan, on the basis of the best interests of the child standard.