12 Aug Can I Set Aside a Marital Settlement Agreement Under Florida Law?
Can I Set Aside a Marital Settlement Agreement?
We receive a lot of calls in which the caller would like to have the Marital Settlement Agreement (MSA), that was entered in their Miami, Florida divorce, “set aside” due to the agreement being unfair, etc. Florida Family Law Rule of Procedure 12.540 addresses the question directly.
If a Final Judgment has been entered in your case, your agreement can only be set aside under Florida Family Law Rule of Procedure 12.540, which cites Florida Rule of Civil Procedure 1.540. These rules list (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application as potential circumstances under which a party may set aside the settlement agreement.
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Marital settlement agreements are extremely difficult to set aside, so it is important to hire an attorney before signing such an agreement. For a more detailed review of your case or if you have a few questions regarding Florida Divorce law, contact us at 786.309.8588.