What are the Benefits of a Marital Settlement Agreement in Florida?

There are many ways to get divorced in Florida and for many couples, negotiating a marital settlement agreement (MSA) is more favorable than entering litigation. An MSA can resolve all terms of a divorce, including property division, alimony, and more. Settlement agreements mainly address financial issues. Time-sharing agreements and parenting plans are typically outlined in a separate agreement, although an MSA may refer to them. Below, our Tampa divorce attorney outlines the biggest benefits of negotiating a settlement agreement.

Confidentiality 

The issues related to litigation are discussed in court and therefore, become part of public record. The terms within an MSA, however, remain confidential. The reason for your divorce and the issues that arise during settlement negotiations remain between you and your spouse.

Better Control and Flexibility

If you and your spouse cannot agree to the terms of the divorce, the court will decide them for you. You, nor your spouses cannot control the outcome. On the other hand, you can have some control when negotiating an MSA. You can be flexible when necessary and compromise on certain issues while still pursuing what you want from the divorce. MSAs are particularly useful for couples who have children and must negotiate time-sharing responsibilities and parenting plans. An MSA will allow you to create customized solutions that fit your family instead of a formula used by the courts.

Avoid Conflicts and Costs

Litigation is very combative in nature. You must essentially prove your case to a judge and refute statements made by your spouse. Reducing this type of conflict can help you and your spouse have a better relationship post-divorce, which is especially helpful if you have children. Additionally, the fewer conflicts that arise during divorce, the more affordable the entire process can be.

Minimize Litigation

There are times when a couple can agree to the majority of terms in an MSA but there are still one or two terms they cannot agree to, such as funds from an inheritance kept in a joint bank account. These terms may have to be litigated. Even if it is not possible to avoid litigation altogether, minimizing the terms that require a judge’s decision can reduce the time and costs of court.

Creates a Legal Agreement

MSAs are not casual agreements. They are legally binding and without the consent of all parties, it is very challenging to change the terms. Having an enforceable agreement in place deters both parties from ignoring the terms of the divorce. If either spouse violates the terms of the settlement, they can ask the court to enforce its terms.

Our Divorce Attorney in Tampa Can Draft Your Settlement

At All Family Law Group, P.A., our Tampa divorce attorney can negotiate the terms of your MSA with your spouse, ensure your rights are upheld, and help you obtain the best outcome possible. Call us now at 813-672-1900 or fill out our online form to request a free consultation with our experienced attorney and to get the strong legal representation you need. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html