Marital Legal Separation and Property Settlement Agreement for persons with no Children, no Joint Property, or Debts Effective Immediately - Florida 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the full legal names of both parties at the top of the document. Ensure accuracy as this will be used throughout the agreement.
  3. In Section 1, confirm that both parties agree to live separately and free from interference. Each party should initial to indicate understanding.
  4. Proceed to Section 2 and provide financial disclosures. Each party must ensure they have fully disclosed their financial status.
  5. In Section 3, detail any assets owned individually by each party. Specify ownership clearly and include initials for acknowledgment.
  6. Complete Sections 4 through 10 regarding alimony waivers, debts, future earnings, and mutual indemnity. Each section requires careful reading and agreement.
  7. Finalize by signing the document in the designated areas and ensuring a notary public witnesses both signatures.

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Because California is a community property state, if the couple bought the house while they were married, they both have an ownership stake in it, and neither can compel the other to leave.
How to Create a Florida Marital Settlement Agreement Step-by-Step Step 1: Decide on a collaborative or contested approach. Step 2: Gather financial and legal documents. Step 3: Negotiate terms with your spouse. Step 4: Draft the agreement with legal help. Step 5: File the agreement with the court.
How To Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
What Is a Settlement Agreement in Florida? All interested parties in a settlement agreement must agree to the terms. The agreement must be made in writing. The terms of the agreement cannot violate a material purpose of the agreement. All parties must have the legal capacity to contract.
This agreement is legally binding and serves as a formal agreement between the spouses that is enforceable by the court. However, it is essential to note that Florida does not formally recognize legal separations. The states laws do not provide a legal process for couples to legally separate while remaining married.

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A separation agreement should be clearly written, preferably typed, and signed by both parties to confirm mutual consent. Handwritten agreements are valid if legible and signed but may be harder to enforce. Once signed, include the agreement with your divorce petition when filing with the court.
The law doesnt require an attorney to help draft your Florida marital settlement agreement, but its highly recommended. Your agreement must include specific items like property division details, support arrangements, and confirmation that both parties shared all financial information.

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