Waive Financial Affidavit

by Jack from Clearwater, Florida, Pinellas County

If we do not share any properties or assets, would either or both of us need to complete financial forms?

We are not looking to obtain any money from the other person and we do not have children together.

Answer to Florida Divorce Question

Dear Jack,

That depends. If you are filing a Simplified Dissolution (see Florida Uncontested Divorce) the answer is no, the requirement to file the financial affidavit form can be waived.

In the Simplified Dissolution of Marriage Form 12.901(a), line 7 states:

7. {check one only}

( ) We have each completed and signed financial affidavits, Florida Family Law Rules of Procedure Forms 12.902(b) or (c), which are attached to this petition.

( ) Each of us is satisfied with the financial disclosure we received from the other spouse and we waive the filing of financial affidavits.

Otherwise, if you are filing any one of the regular Petitions for Dissolution of Marriage (see Florida Divorce Forms) my understanding is that you will need to file a Marital Settlement Agreement which states the financial disclosures you have agreed to and that you waive all other mandatory disclosure requirements.

A quick look at the instructions to
each of the Financial Affidavit forms 12.902(b) and form 12.902(c), you'll see the following requirement:

This form should be used when you are involved in a family law case which requires a financial affidavit... unless:

(1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of financial affidavits;

(2) you have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues, or

(3) the court lacks jurisdiction to determine any financial issues

For further discussion and more information about Florida Divorce and the Financial Affidavit requirements, see the following related FAQ pages:

Financial Affidavit - Florida Divorce

Florida Divorce & Financial Affidavit

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Comments for Waive Financial Affidavit

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Can We Waive The Financial Affidavit?
by: Patricia from Plantation, Florida

If my husband and I agreed to have a Florida simplified dissolution of marriage and also have worked out how we will divide our assets and liabilities and we are both satisfied with the division; do we still need to complete the financial affidavits and the settlement agreement?

--As noted above, you can waive the requirement to file your financial affidavits, but as far as I know, a Marital Settlement Agreement is still required for the simplified dissolution. --Staff

Marital Settlement Agreement Simplified Divorce
by: Brad from Delray Beach, Florida

Wife and I have full MSA signed and notarized identifying all assets and liabilities divided. I am filing a simple divorce form. She does not want to include MSA because it includes her financial data. We waived need for financial affidavits, does our notarized MSA hold any validity if after when we are divorced there is a disagreement over assets when the MSA is not filed in the courts? Thank you.

--Good question. The answer is maybe. I recommend that you get legal advice from a Family Law attorney. Use our popular lawyer referral service (click on the link above). --Staff

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