Family Law Financial Affidavit Form

Category:

Family Law - Statewide - Divorce - Affidavits

State:

Florida

Control #:

FL-12902-C

Format:

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Description

The Family Law Financial Affidavit Form is a crucial document used in family law cases where a party's gross annual income is $50,000 or more. This form requires accurate reporting of income and expenses, presented on a monthly basis, ensuring transparency in financial disclosures. Users must complete the form in black ink or by typing, sign it in front of a notary, and file it with the local circuit court. Copies should be provided to the opposing party within 45 days after the initial petition is served, ensuring compliance with procedural guidelines. This affidavit is particularly relevant for attorneys, partners, owners, associates, paralegals, and legal assistants, as it assists in assessing financial circumstances during divorce or child support proceedings. Additionally, specific instructions are included for converting non-monthly income and regular expenses to monthly equivalents, enhancing clarity in the affidavit. The form also provides sections to detail assets, liabilities, and any contingent financial obligations, offering a comprehensive overview of the financial situation. Furthermore, precautions are noted for parties involved in domestic violence cases, allowing for confidentiality regarding personal information. Ultimately, this form serves as a foundational tool for financial negotiations and settlements in family law cases.

Family law financial affidavit (long form)

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How to fill out Florida Family Law Financial Affidavit?

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FAQ

A majority of Florida family law courts require both litigants to complete a financial affidavit. For more information, please call our office at 407-335-8113. It is important to note that in almost every divorce case, a financial affidavit is a basic requirement under mandatory disclosures.

Under Florida Court Rule 12.285, the parties must make financial disclosures within 45 days of service of the divorce pleading. The so-called financial affidavit helps ensure that both spouses are aware of all the assets and debts that may be subject to Florida's equitable division law.

The court concluded that a party may waive the filing of a financial affidavit in a simplified proceeding under Rule 12.105 by failing to object at trial, and that such a waiver will be upheld when there is no showing of prejudice and the record demonstrates competent substantial evidence that supports the final award.

In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case.

Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.