What Happens If You Agree to an Unfair Settlement?
While Florida courts allow both parties to reach an agreement on their own, it’s essential to ensure that the agreement is fair. If one spouse is pressured into agreeing to an unfair settlement just to avoid a drawn-out court battle, it could have long-term financial consequences. This can include losing out on assets or agreeing to more alimony or child support than is necessary.
Always consult an attorney before signing any agreement to make sure you’re not giving away more than you’re entitled to. Even if the settlement feels like the quicker route, it’s important to ensure you’re not sacrificing your financial security for the sake of expediency. An attorney can help review the terms and advise whether the agreement is in your best interests, making sure you aren’t coerced into an unfair deal simply to avoid conflict.
It’s important to recognize that sometimes spouses, especially in cases involving domestic violence claims, may be coerced into agreeing to an unfair settlement out of financial necessity, even if the terms are highly disadvantageous.
Severability Clause in Divorce Agreements
When negotiating a divorce agreement, ensure there is a severability clause. This clause ensures that if one part of the agreement is deemed invalid, the rest of the agreement remains intact. The severability clause protects the integrity of the overall agreement by ensuring that if a provision is later challenged or found to be legally insufficient, the remaining terms will still be enforceable.
This is an important provision that helps avoid issues if certain provisions are contested or found to be legally insufficient. Without this clause, an invalid provision could potentially invalidate the entire divorce agreement, creating unnecessary complications down the line.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.