Can Spouses Agree on Property Division Without Going To Court in Florida?

Divorce is tough enough without adding a courtroom battle over assets into the mix. However, the good news is that couples in Florida do not have to go to court to resolve property division matters. In fact, many couples are able to come up with fair property division agreements on their own. Reaching an out-of-court agreement with your spouse can help you save time, money, and reduce stress.

Understanding Florida’s Property Division Laws

During a Florida divorce, property is divided according to the equitable distribution rule. This law requires marital property (property acquired during the marriage) to be divided fairly between divorcing spouses. However, this does not necessarily mean that property should be split evenly, although such a division is allowed. In fact, Florida’s equitable distribution law requires courts to always start with the presumption that an equal split is fair. However, the final outcome usually depends on the circumstances of the case.

In Florida, separate property, which is property that one spouse owned before the marriage or received as a gift or inheritance, is not subject to division during divorce. But if separate property has been commingled or mixed with marital property, it may be subject to equitable distribution. For example, suppose marital funds were used to make improvements on a home that one spouse owned before the marriage. In that case, that home may be considered partly marital property, and thus subject to equitable distribution.

Can You Agree on Property Division Without Going To Court?

You can agree on how to divide property without going to court. In fact, Florida law encourages couples to settle matters outside of court. You and your spouse can decide how to divide your bank accounts, home, vehicles, retirement accounts, investments, debts, furniture, and other marital assets through negotiation or mediation.

Mediation, for example, may be a good option if you and your spouse cannot agree on certain details but are both willing to work together to find a fair solution with the help of a neutral third party. A mediator can help you and your spouse discuss issues openly and explore solutions that work for both of you.

A vital thing to note is that while mediation can be voluntary, it may also be court-ordered. The court may require you to try mediation before taking your property division issues to trial. And while every case is unique, mediation often works.

Must the Court Approve Your Agreement?

The court must approve your property division agreement. Once you reach an agreement and put it in a Marital Settlement Agreement, the agreement will be submitted to the court for approval. But you likely don’t have anything to worry about because judges usually approve these agreements unless they are involuntary and unfair.

When May Court Be Necessary?

Sometimes it is necessary to go to court to resolve property division matters. You may need to go to court to decide on how to divide property if, for instance:

• Your spouse is hiding assets
• You cannot agree on what counts as marital property
• Complex assets are involved
• The proposed terms are extremely unfair

When you go to court, the court will apply the state’s equitable distribution laws to make a fair decision.

Contact an Orlando Divorce Lawyer

If you’re going through a Florida divorce and are hoping to reach a fair out-of-court agreement, contact our skilled Orlando divorce lawyers at the Arwani Law Firm.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html