Marital Settlement Agreements
The Law Offices of Matthew Z. Martell, P.A. 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 clients divorce on a case-by-case basis. Essentially, what may work for one client may not work for another and our firm acknowledges and recognizing this fact when it comes to drafting Marital Settlement Agreements. It’s essential to have an attorney involved with your Marital Settlement Agreement to ensure 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 are advantageous to our clients needs.
A typical Marital Settlement Agreement addresses and resolves all issues relating to the divorce including the parental responsibility (child custody), time-sharing (child visitation), child support, use and disposition of the marital residence; distribution of marital assets; responsibility for marital debts; alimony; attorney’s fees and costs, taxes, retirement plans, mediation of future disputes, etc. Marital assets may not be what you think they are. 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 determines whether an asset is “marital” or non-marital which is a mistake. For example, a car might be titled to one spouse only but still considered a marital asset. The same is true for the portions of retirement accounts that were earned during the marriage.
As your trusted legal advisor, we attempt to negotiate and mediate an appropriate marital settlement agreement suited to your individual needs in order to avoid the expense and stress of a trial. It allows for clients to divorce in an amicable and mutually beneficial manner. However, if we are not able to reach a settlement by negotiating a fair and comprehensive Marital Settlement Agreement with your spouse, and if representation in court becomes necessary, you are assured legal representation by a highly skilled and experienced litigation attorney.
