In Re: Amendments to Florida Supreme Court Approved Family Law Form

CourtSupreme Court of Florida
DecidedMay 1, 2014
DocketSC13-532
StatusPublished

This text of In Re: Amendments to Florida Supreme Court Approved Family Law Form (In Re: Amendments to Florida Supreme Court Approved Family Law Form) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Amendments to Florida Supreme Court Approved Family Law Form, (Fla. 2014).

Opinion

Supreme Court of Florida ____________

No. SC13-532 ____________

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS.

[May 1, 2014]

PER CURIAM.

Previously in this case, the Court amended four Florida Supreme Court

Approved Family Law Forms, forms 12.902(f)(1) and 12.902(f)(2), the marital

settlement agreement forms, and forms 12.990(c)(1) and 12.990(c)(2), the final

judgment of dissolution of marriage forms. These forms were amended in

response to the enactment of section 732.703, Florida Statutes (2012), entitled

“Effect of divorce, dissolution, or invalidity of marriage on disposition of certain

assets at death.” In re Amends. to the Fla. Supreme Court Approved Family Law

Forms, 122 So. 3d 320 (Fla. 2013). 1 Interested parties were given an opportunity

to file comments regarding the amended forms. Id. at 321.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const. Several comments were filed. Upon consideration of the comments, and

with input from the Advisory Workgroup on the Florida Supreme Court Family

Law Forms, we adopt additional amendments to the forms, as follows: (1) the

phrase “deceased’s party former spouse” is changed to “deceased party’s former

spouse” in each of the four forms; and (2) the references to tax “deductions” are

changed to tax “exemptions” in paragraph 6 of Section IV of form 12.902(f)(1).

Accordingly, the Florida Supreme Court Approved Family Law Forms are

amended, as reflected in the appendix to this opinion. The amended forms are

fully engrossed and ready for use. The forms may also be accessed and

downloaded from the Florida State Courts’ website at

www.flcourts.org/gen_public/family/forms_rules/index.shtml. By adoption of the

amended forms, we express no opinion as to their correctness or applicability. The

forms shall become effective immediately upon release of this opinion.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Supreme Court Approved Family Law Forms

Lori M. Caldwell-Carr, Maitland Florida, and Elizabeth Ann Blackburn, Daytona Beach, Florida, Co-Chairs, Family Law Section Rules Committee; Elisha D. Roy,

2 Chair, Family Law Section, The Florida Bar, West Palm Beach, Florida; Christopher M. Pratt, Palmetto, Florida; and Melvyn B. Frumkes, Miami, Florida,

Responding with comments

3 APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(1) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (05/14)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing).

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case.

Special notes...

With this form you must also file a Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if not already filed.

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (05/14) 4 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: ________________ Division: ________________

In re the Marriage of:

, Husband,

and

, Wife.

MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

We, {Husband’s full legal name}_______________________________________________,and {Wife’s full legal name},_________________________________, being sworn, certify that the following statements are true:

1. We were married to each other on {date} .

2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement.

3. We have both filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure.

4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc.

SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is (are) the property of the party currently in possession of the

Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (05/14) 5 item(s). 1. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE Current Fair Please describe each item as clearly as possible. You do not need to list account Market Value numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s, husband’s, or both. Cash (on hand) $ Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home) (Other)

Business interests

Automobiles

Boats Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

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Related

In re Amendments to Florida Supreme Court Approved Family Law Forms
122 So. 3d 320 (Supreme Court of Florida, 2013)

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Bluebook (online)
In Re: Amendments to Florida Supreme Court Approved Family Law Form, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-supreme-court-approved-fla-2014.