We frequently have clients visit our Florida law offices with questions regarding their ability to set aside or modify a Marital Settlement Agreement because of “buyers remorse.”  Unfortunately, many people sign Marital Settlement Agreements in Florida without seeking legal advice prior to signing the agreement with their spouse.  The terms of a Marital Settlement Agreement will impact the ability of both spouses to rebuild their lives following the marriage.  The agreement will specify how the assets and debts that may have been built over many years of marriage will be divided and include provisions or limitations on alimony.

Given the significant long-term impact of a Marital Settlement Agreement or a Parenting Plan in Florida, you should never sign such an agreement without a consultation with an experienced Florida family law attorney.  It is much easier to make changes to a Marital Settlement Agreement or Parenting Plan before it is signed and/or becomes part of a divorce decree.  There are a number of benefits of obtaining a consultation with a Florida family law attorney including:

• Informed Decision Making: Most married couples who negotiate a Marital Settlement Agreement or Parenting Plan in Florida without legal representation do not have much insight into what a judge would be likely to do or the respective rights of each spouse during the divorce process.  This can result in negotiating an agreement that deviates substantially from what a spouse is entitled to under Florida law.
• Equalization of Power: Many marital relationships lack balance in the power relationship between spouses.  This can result in the less assertive spouse being exploited or bullied into signing an agreement that later turns out to be grossly unfair.  There may also be a major imbalance in the access each has to the family finances.  Although full financial disclosure is required when preparing a Marital Settlement Agreement as part of a Florida divorce, it is much easier to deal with issues of non-disclosure prior to signing and filing a Marital Settlement Agreement.  An experienced Florida divorce lawyer can help balance the scales and make sure that the less assertive spouse is not exploited.
• Avoid Unintended Consequences: Sometimes spouses reach an agreement in good faith but may agree to something that cannot be legally enforced or fail to properly memorialize the terms in the Marital Settlement Agreement.  When spouses make a mistake in a marital settlement agreement, it can result in the agreement becoming grossly unfair and result in a disposition that is far removed from the parties’ agreement.  A Florida divorce lawyer can help you avoid these pitfalls by reviewing your proposed Marital Settlement Agreement and/or Parenting Plan to make sure that it reflects the actual terms of your agreement.  We can also advice you of any potential ambiguities or missing language that may give rise to disputes and costly litigation.

At the Florida family law firm of Eric N. Klein & Associates, our  divorce attorneys represent parties in all divorce and family law matters throughout Florida.  If you are facing a Broward County divorce and negotiating a Marital Settlement Agreement or Parenting Plan with your spouse, we are prepared to review your proposed agreement to advise you regarding potential issues and promote a fair and enduring resolution to your family law issues.

We offer a free initial consultation and reasonable rates for review and advice regarding Florida Marital Settlement Agreements and Florida Parenting Plans so call us today at 954-580-8080.