Division Of Property And Assets In Palm Beach County, Florida

An agreement between the parties pertaining to equitable distribution of assets is binding upon the parties, without a court order, however, agreements between the parties relating to custody and child support are not binding without a court order. “Former Wife is incorrect that the portions of the 2007 mediation agreement pertaining to equitable distribution, debts, and property agreements are unenforceable because an order approving the agreement was never entered. ‘A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.’ Yeakle v. Yeakle, 12 So. 3d 884, 885-86 (Fla. 4th DCA 2009) (citations and internal quotation marks omitted); see Dorta v. Dorta, 626 So. 2d 312, 313 (Fla. 4th DCA 1993) (recognizing that property rights in post-dissolution marriage proceeding are enforceable under contract law). Therefore, we affirm the trial court’s rulings on the enforcement matters pertaining to equitable distribution, debts, and property agreements. Former Wife is correct that the 2007 mediation agreement is nonbinding and unenforceable as to child custody and child support issues until the trial court enters an order approving the agreement as being in the best interests of the children. Feliciano v. Feliciano, 674 So. 2d 937 (Fla. 4th DCA 1996).” Comstock v. Comstock

Archives

FindLaw Network