Legal Question in Family Law in Florida

I have 2 copies of the marriage settlement agreement, the original one i signed and the copy that was filed by my ex wife attorney (and cousin ) There is one page that is different. Could a motion be filed to vacate the entire agreement because the one filed was not the one that was signed?

Asked on 4/04/16, 12:24 pm

3 Answers from Attorneys

Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

If there is a difference in substance between the agreement you signed and the agreement that was filed with the court to be included as part of the final judgment, you can do a motion for relief from marital settlement agreement or if the final judgment hasn't been entered yet, you can just bring the original to the final judgment hearing and address why the correct agreement should be incorporated into the final judgment instead.

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Answered on 4/04/16, 12:27 pm
Barry Kaufman The Law Office of Barry W. Kaufman

I agree with Ms. Jacobs.

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Answered on 4/04/16, 12:45 pm
John Smitten Carey and Leisure

Yes if there was intentional switching of documents then you need to act on it.

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Answered on 4/04/16, 6:48 pm

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