Financial Affidavits in Dissolution of Marriage Actions: Are They Really Mandatory?

The principle that financial affidavits are required in all divorce cases in Florida may not be as strict as it seems. While the rules say they are mandatory, the courts have made exceptions, like in simplified divorce cases and when no financial relief is requested. It’s unclear if settlement agreements or judgments are void without financial affidavits. So, it’s not certain that financial affidavits are always mandatory in divorce cases. In Florida, if you’re getting a divorce, you have to fill out a financial affidavit. This is a legal form that shows your income, expenses, and assets. It’s required for most divorce cases, but not for simplified divorces where both parties agree on everything. One case, Varrieur v. Varrieur, showed that even in simplified divorces, the financial affidavit rule can sometimes be waived if both parties agree on the division of property. The court ruled that financial affidavits can be waived for simplified divorce proceedings if neither party objects. The court said that the rule requiring financial affidavits doesn’t apply to simplified divorces, and even in regular divorces, the requirement has been limited. In a specific case, the husband and wife agreed to divide their assets according to a prenuptial agreement, and the court allowed it without a financial affidavit. The court ruled that financial affidavits are only required in divorce cases when one party is asking for permanent financial help like child support or alimony. If no one is asking for that kind of help, then financial affidavits aren’t needed. This means that in some cases, financial affidavits are mandatory, but not in all cases. The husband and wife started getting a divorce when the wife filed papers for it. The husband was in a hospital for mental health issues at the time. He got a lawyer and asked for a divorce too, and for some of their stuff. Later, when the final hearing happened, he was in a hospital in England again and couldn’t go, and his lawyer had quit. The court gave the wife most of their things. More than three years later, the husband said the judgment was wrong and that the wife had lied about some things. The court said that even if the wife did something wrong, it’s too late for the husband to complain about it now. The rules say financial affidavits are required in divorce cases, but the courts have said they can be waived or not required if the party doesn’t ask for financial relief. Even if the party doesn’t file the required affidavit, the final judgment of divorce may not be considered void unless the other party objected and can show they were harmed by the missing information. Simply put, the case of Dyke tells us that final judgments made without financial affidavits are not automatically void. Only if a party objected to the final hearing because of the missing affidavits and can show that it caused harm, might the judgment be overturned. This is based on a rule that has since been replaced. The case of Macar v. Macar may provide more insight into this issue. In the case of Macar, the court said that in divorce cases where couples reach an agreement after starting the legal process and getting a chance to find out important information, they can’t later claim they didn’t know something. The court only allows challenges to agreements made before the legal process started. This was different from earlier cases, where the courts allowed challenges to agreements made during litigation. In simpler terms, if someone in a legal case chooses not to use certain tools to gather information, they can’t change their mind later and say they didn’t have enough information. This applies to agreements and judgments made in divorce settlements too. If someone doesn’t use the tools available to them during a divorce case, they can’t go back later and say they didn’t know enough to make the agreements or judgments fair. In divorce cases, if parties don’t file financial affidavits before a settlement agreement or trial, the final judgment will still be valid unless the party objects before the judgment is entered and the court would have made a different decision with the financial information. If parties reach a settlement agreement after starting the divorce process, the agreement will probably be valid even if financial affidavits weren’t filed before the agreement. In Florida, if you’re getting a divorce, you usually have to file a financial affidavit. But in some cases, like when you’re not asking for money or if you have an agreement with your ex, you might not have to. If you don’t file it and someone objects before the divorce is final, it could cause big problems. But that doesn’t happen very often. Yes, financial affidavits are mandatory in Florida for most family law cases, except for simplified dissolution. They are required by the court to ensure that both parties disclose their financial information. This is important for making fair decisions about things like child support and alimony. So, yes, they are definitely mandatory. This column is written by a lawyer who specializes in complex divorce cases. He is an expert in family law and has a lot of experience in this area. The column is for the Family Law Section and is written on their behalf. The goal is to teach lawyers about their duty to help the public and improve how the justice system works.

Source: https://www.floridabar.org/the-florida-bar-journal/financial-affidavits-in-dissolution-of-marriage-actions-are-they-really-mandatory/