Understanding Verbal Contracts in Florida

Verbal contracts are an essential part of many domestic relationships. A verbal agreement is a spoken communication between two or more parties, which outlines the terms to which they must adhere. Verbal agreements are not written nor signed, and therefore, they are subject to interpretation and dispute. The enforceability of a verbal contract often depends on the circumstances surrounding the oral communication and the specific agreement reached between the parties. Certain legal criteria must be met for a verbal contract to be enforceable in Florida.

In Florida, verbal contracts are generally deemed enforceable regardless of whether the agreement has been recorded in writing. The challenges presented when attempting to uphold a verbal contract can create problems in many Florida family law situations.

Challenges to Verbal Contracts in Family Law Matters

Verbal contracts can be especially challenging to uphold in Florida family law disputes. It is common for spouses to reach verbal agreements regarding property distribution, child support, custody and other issues. These agreements may be reached informally and simply based on trust. However, this informal manner in which these agreements are reached can often cause issues when a dispute arises between the parties regarding the terms of the verbal agreement.

In some cases and depending on the circumstances, parties may make verbal agreements that are contrary to the best interests of a child, which can create conflict with the child’s relationship with one or both parents. Often, such scenarios arise due to a lack of insight into Florida laws and principles related to child support, child custody, co-parenting, alimony, length of the marriage, etc.

Thus, it is important to speak with a Florida family law attorney before making any verbal agreement, especially if it involves a divorce. According to the in-depth guide on comprehensive verbal contract agreements in Florida, even after verbal agreements are made, it is critical to consult with an attorney and put the agreement into writing.

Family law issues can be difficult to navigate. Involving questions of custody, support, and property and asset division, it can be hard enough for the people involved to get what they want for themselves while ensuring a good outcome for the whole family. Even people without a degree in law run into problems because it is hard to keep track of all the issues involved. This increases the risk of the final legal arrangements, whether divorce or child support, not being favorable to the client.

When many of the issues that need to be dealt with are consequences of each other or intertwined, it is important to have a handle on what exists and how it connects to the other issues and what can be done. For this, I often use a process called a legal audit, a process aimed at collecting the necessary information from you as your attorney and/or your spouse or other party with whom you and your wife share assets or children. By collecting this information, I can make sure that the outcome of your case is favorable to you.

Consider, for example, a man and woman who are getting a divorce. They have a number of shared assets, including a house, cars, a joint checking account, and life insurance policy. They have a couple of kids who are in school, also with assets of their own. As the divorce process goes on, the parents bicker constantly about how the children are best cared for while the children are with them, what happens during weekends, and what to do for holidays and vacations. Meanwhile, the sheriff comes around, and the couple’s cars are put up for auction and sold to pay some of their debts. These issues might not be important if the couple had simply sorted things out instead of quarreling. But it’s not uncommon for spouses to disagree on how their children should be cared for and for unpaid bills and debts to catch up with them.

In this case, a legal audit can identify the assets the couple should have and the debts they owe, and determine what is sensible – and just – for them to do with those assets and debts. It can then determine how to create possible joint possession agreements for the children that work as well for your children and for you and your wife. Legal audits have been used for years as a way to take an artful, comprehensive look at the whole picture of a family, its goods, and its debts, to determine ways in which everyone – including the children – can be supported by the divorce and be well off afterward. They are a good investment that can prevent many future problems. Having a legal audit gives me a full picture of what you stand to gain or lose from your case.

If you think a legal audit will help you with your case, I can help you. I’m Scott L. Levine, a family law and divorce attorney in Pittsburgh, Pennsylvania. I’ve been helping families just like yours work through their legal issues since 1992. Give me a call at (412) 682-9300 or (800) 511-0584 for a consultation about if a legal audit – or other aspect of family law – is right for you.

For more information on legal processes, you can visit USA.gov.