Marital Settlement Agreements
Top-Rated Florida Marital Settlement Agreements Lawyer Helping Clients in Bradenton, Sarasota, and Venice
The Law Offices of Matthew Z. Martell, P.A. in Sarasota, Bradenton and Venice, Florida make every effort to create Marital Settlement Agreements that are comprehensive, thorough, practical, and workable for our clients. We listen closely to our clients’ legal goals and concerns and attempt to handle each divorce on a case-by-case basis. Essentially, what may work for one client may not work for another client. Our law firm acknowledges and recognizes this fact when it comes to drafting Marital Settlement Agreements. It is essential to have an attorney involved with preparing your Marital Settlement Agreement to make sure that your legal rights are protected. We will ensure that the proper legal language is utilized as well as emphasize important terms of the agreement that our advantageous to our clients’ needs.
A Marital Settlement Agreement is a legal document that spells out all of the terms and conditions of the divorce settlement and what each spouse can expect after the divorce has been finalized. All major issues which need to be addressed in your divorce are explained in the Marital Settlement Agreement. A typical Marital Settlement Agreement addresses and resolves parental responsibility (child custody), time-sharing (child visitation), a Parenting Plan, child support, use and disposition of the marital residence, equitable distribution of marital assets, responsibility for marital debts, alimony, attorney’s fees and court costs, taxes, retirement plans, mediation of future disputes, etc. There may be other issues relevant to your particular divorce which are included in the Marital Settlement Agreement as well.
A marital settlement agreement is not required by law in order for you to get divorced. However, it does have some major advantages for both spouses when getting divorced. These benefits include the following:
- The Marital Settlement Agreement explains all agreements pertaining to your divorce in writing which eliminate any doubts on how things should be handled during your dissolution of marriage.
- Utilizing a Marital Settlement Agreement prevents the need for the parties to go to trial. If it is correctly written, executed, and covers all material details of the divorce, it also prevents the need to go to court for hearings after it has been signed.
- The Marital Settlement Agreement is proof to the Court that all major issues within the divorce were carefully considered and then resolved. The helps your divorce case proceed along very much faster and more smoothly towards final conclusion.
It should be noted that marital assets may not be divided as you think they should be. Under Florida law, it is presumed that all marital assets and marital debts should be divided 50/50. Oftentimes, people assume that sole title to an asset or a sole name on a credit card determine whether an asset or debt is “marital” or “non-marital” which is a mistake. For example, a car might be titled to one spouse only, but it is still considered a marital asset. The same is true for portions of retirement accounts that were earned during the marriage. In some cases, one spouse may not like or agree with the terms of a Marital Settlement Agreement. In that scenario, the individual does not have to sign it.
As a general rule, a Marital Settlement Agreement can be created anytime prior to entry of the Final Judgment during a divorce. This includes being created pre-suit which can sometimes settle your divorce before it has even been filed. Typically, whether your case is contested or uncontested (which basically means settled pre-suit), the signed Marital Settlement Agreement is filed and then incorporated into the Final Judgment of Dissolution of Marriage. So essentially your Marital Settlement Agreement becomes the final judgment in your divorce.
As your trusted legal advisor, we attempt to negotiate and mediate an appropriate marital settlement agreement which is suited to your needs in order to avoid the expense and stress of a trial. This allows for client to divorce in a civil, fair, mutually beneficial, and sometimes even amicable manner. If we are not able to reach a settlement by negotiating a fair and comprehensive Marital Settlement Agreement with your spouse, and representation at court hearings and trial becomes necessary, then you are assured strong legal representation by a highly skilled, experienced, and professional divorce litigation attorney.
GET HELP DRAFTING YOUR MARITAL SETTLEMENT AGREEMENT FROM A HIGHLY SKILLED Sarasota, Bradenton AND VENICE, FLORIDA LAWYER
Attorney Matthew Z. Martell has helped numerous clients in Sarasota, Bradenton and Venice to draft strong and well written Marital Settlement Agreements in their divorces. If you are seeking one of the best Marital Settlement Agreements possible, then contact the Law Offices of Matthew Z. Martell, P.A. to schedule a free initial phone consultation at (941) 556-7020.