DIVORCE CASE OF THE MONTH: What Is A Mediated Agreement?

By Robin Roshkind, Esquire, West Palm Beach, Florida

All parties to a divorce in Palm Beach County, Florida, have to attend a mediation session for purposes of attempting a settlement, prior to going before the Court on any disputed issues in a divorce.  This means that financial information must be exchanged persuant to Fl. Fam. Rule 12.285 Mandatory Disclosure prior to the mediation.  Then the parties and their counsel and CPAs can go forward with mediation.

I did just that with a client who came to agreement with her spouse after five hours of negotiations in mediation.  The terms of agreement were typed up into the document called a Marital Settlement Agreement.  This “MSA” was to become part of this couple’s final judgment of dissolution of marriage at the final hearing on the divorce.  But there was just one problem.  The husband fired his attorney on the spot and refused to sign the agreement after 5 hours of negotiations. 

If an agreement is reached, IT MUST BE SIGNEDBY THE PARTIES.  If there are no signatures, there is NO AGREEMENT.  Now this couple will have to turn to the Courts to resolve their disputed issues in divorce court.  For more informaiton about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.


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