Viewing entries tagged
Florida marital settlement agreement

Florida divorce: Ambiguities in marital settlement agreements lead to litigation

Posted by Nydia Streets of Streets Law in Florida Alimony

Time and time again, we see cases in which parties’ marital settlement agreements are not fully clear as to intent. A paragraph about child support, for example, may say something, but when read years later, can cause different interpretations. These different interpretations usually lead to expensive post-judgment litigation as was the case in Quillen v. Quillen, 247 So.3d 40 (Fla. 1st DCA 2018).

Florida divorce: "Courts won't interpret a contract in such a way as to render provisions meaningless when there is a reasonable interpretation that does not do so"

Posted by Nydia Streets of Streets Law in Florida Divorce

We see time and time again how language in a Florida marital settlement agreement can be interpreted in multiple ways. Ultimately, how the court interprets the language is what controls, and how the court arrives at that decision is based on established Florida law. In the case Wells v. Wells, 239 So.3d 179 (Fla. 2d DCA 2018), an issue arose regarding the interpretation of a clause of a marital settlement agreement which gave the ex-wife possessory rights over the marital home for what turned out to be a disputed length of time.

Florida divorce: Differing interpretations of marital settlement agreements

Posted by Nydia Streets of Streets Law in Florida Divorce

A trend is coming up in this week’s blog posts regarding recent appellate cases. The trend seems to deal with enforcement and interpretation of marital settlement agreements. In the case Walsh v. Walsh, 5D17-1655 (Fla. 5th DCA 2018), the parties were involved in a dispute regarding alimony payments; specifically how the former husband’s gross income was to be defined when calculating his alimony obligation.

The risk in having a notary or "notario" handle your Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

In order to save money, some divorcing couples decide to go to a notary to have that notary fill out templates for divorce case documents. This may work in cases in which there are no children, no property and no financial support issues, but since a notary cannot give legal advice (unless the notary is also a lawyer), depending on one may cost you a lot more than you bargained for. In the case Rodriguez v. Roca, 3D17-1746 (Fla. 3d DCA 2018), the parties ended up in what was probably costly litigation after completing a marital settlement agreement with a notary. 

Contempt is a remedy for enforcement of certain provisions of martial settlement agreements

Posted by Nydia Streets of Streets Law in Florida Divorce

An agreement or order is only as good as the ability to enforce it. In a Florida divorce, parties may enter a settlement agreement. Both parties usually intend to honor the terms of the agreement and make certain promises in good faith reliance on the other party's compliance with the agreement. When a party does not uphold his or her part of the contract, the court must intervene to force compliance in most cases. 

Florida divorce agreements save money if drafted carefully

Posted by Nydia Streets of Streets Law in Florida Divorce

Entering a Florida marital settlement agreement is one of the best ways to save money and time, while resolving your case on terms that you can live with. To avoid expense that may be incurred as a result of unclear terms in your agreement, studying real appellate cases helps to avoid the pitfalls others have encountered in not including certain terms in their agreement. One such case is Kirschner v. Kirschner, 4D17-851 (Fla. 4th DCA 2018). 

A real case study about distribution of inheritance in Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

The future may be unpredictable, which is why it is good that Florida divorce courts are guided by principles of equity. When parties enter a Florida divorce agreement, they agree, as much as possible, based on the circumstances they can foresee at that time. It is difficult, if not impossible, to plan for every possible future outcome, so Florida law allows room for this difficulty in considering how to interpret provisions of a marital settlement agreement.