Referring to the current law that requires the court to comply with the clear terms of an agreement, the Court of Appeal sided with the former wife. The Tribunal is considering the substance of the terms of the agreement and not the labels issued by the parties. The court stated: “Overall, because the MSA and the registrations reflect that the lump sum rehabilitating support scheme was independent of the fair distribution system and was not in exchange for valuable property rights, the re-educational lump sum support plan was a matrimonial aid.” Unfortunately, in some divorce agreements, the logistics of the agreement are clearly defined and it is rare for an action plan to be drawn up after the divorce, defining the necessary measures in order of priority, as well as a timetable for the implementation of each action. If the order is not followed, you have the right to inform the court of the lack of follow-up. It can be extremely beneficial to have a Florida family lawyer by your side, who has dealt with this type of situation previously and can help you develop the best way to proceed if they are not compliant. Our lawyers will protect all assets and assets that should not be considered part of the marital estate, as well as the work of detecting and verifying a client`s allegations of assets hidden by an ex-spouse in the divorce plan. An important part of our family law practice is to support our clients throughout the MSA process. The transaction contract is much more than creating an empty form. Our lawyers are preparing a comprehensive and specific settlement agreement that protects our client`s rights, which is why the interests of both parties would be to take their time and negotiate a comprehensive and well-developed transaction agreement, as it is the detail that often prevents the paying party from violating the agreement and facilitates the application of the agreement by the beneficiary. Often, the uncertainty that accompanies litigation, as well as the emotional and financial cost of litigation, pushes the parties to a negotiating table, either the day before or the day of the trial. But even such “11th Hour” agreements are generally more advantageous to the parties than a judge must decide their fate with respect to the equitable distribution of the parties` assets and debts, the obligation of support of the parties against each other, and the rights and obligations of the parties with respect to all minor children they have in common.
As is easy to see, the scope of a marriage conciliation agreement can be fraught with difficulties. The search for an experienced family law lawyer is essential to achieve the best possible outcome. If you live in Palm Beach, Broward, Martin, St. Lucie, Miami-Dade, Orange or Hillsborough Countys in Florida or Washington, D.C., or New York lawyer Grant Gisondo is available and experienced to help. The office is located in Palm Beach Gardens and can be reached at (561) 530-4568 to make an appointment for a first free office consultation. He`ll meet you in person. In addition, by visiting its website gisondolaw.com/, you can get more details on issues such as custody and delay, child support, shared parental leave, equitable distribution of assets and marital debts, bankruptcy, pre- and rest contracts, divorce (dissolution of marriage) and post-custodial changes.