Florida's Marital Settlement Agreement, Form 12.902(f), exists in three versions, and each one is built to pair with a specific dissolution petition.
Quick Answer: Use Form 12.902(f)(1) if you filed the petition with dependent or minor children (12.901(b)(1)); Form 12.902(f)(2) if you filed the petition with property but no children (12.901(b)(2)); and Form 12.902(f)(3) if you filed the Joint Petition for Simplified Dissolution of Marriage (12.901(a)). All three document the terms both spouses have agreed to, signed and notarized.
What Is the Marital Settlement Agreement?
A Marital Settlement Agreement is the Florida Family Law Rules of Procedure form that puts your agreed terms in writing, so the court can incorporate them into your final judgment instead of deciding those issues itself. It is used once a petition has been filed and the parties have reached an agreement on some or all of the issues in the case.
Which Variant Matches Your Petition
Florida publishes three versions of Form 12.902(f), each paired with a specific petition:
| Marital Settlement Agreement | Pairs With Petition | Used When |
|---|---|---|
| Form 12.902(f)(1) | Form 12.901(b)(1), Petition with Dependent or Minor Child(ren) | Your case involves children together |
| Form 12.902(f)(2) | Form 12.901(b)(2), Petition with Property but No Dependent or Minor Child(ren) | You have property or debt to divide, but no children together |
| Form 12.902(f)(3) | Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage | You and your spouse are using the joint simplified track |
- Download Form 12.902(f)(1) (PDF, Florida Courts)
- Download Form 12.902(f)(2) (PDF, Florida Courts)
- Download Form 12.902(f)(3) (PDF, Florida Courts)
If you have no property, no debt, and no children together, you are likely filing Form 12.901(b)(3) instead, which does not have a matching settlement agreement variant since there is nothing to divide. See our guide to Florida Form 12.901(b)(3).
What a Marital Settlement Agreement Covers
Depending on which variant applies to your case, a Marital Settlement Agreement generally documents:
- How marital assets (what you own) and marital liabilities (what you owe) are divided
- Whether either spouse will pay or receive alimony, and on what terms
- Parenting arrangements and time-sharing, if you have minor or dependent children (Form 12.902(f)(1) only)
- Child support terms, if applicable
- Whether either spouse's name will be restored to a former name
Signing and Filing Your Agreement
For every version of the form:
- Type or print the agreement in black ink.
- Both spouses must sign it, with signatures witnessed by a notary public or deputy clerk.
- File the original with the clerk of the circuit court in the county where the petition was filed, and keep a copy for your records.
- Serve a copy on the other party or their attorney, unless you are both already signing and filing it together.
- Follow up on setting your hearing using the instructions for whichever petition you filed.
If You Don't Have a Written Agreement
For the joint simplified dissolution track (Form 12.901(a)), Florida allows you to state on the petition itself that your division of property was agreed to orally, rather than attaching a signed Marital Settlement Agreement. For the standard petition process, having your terms in writing and signed gives the court clear, specific language to incorporate into your judgment, which generally makes for a smoother final hearing than relying on an unwritten understanding.
Frequently Asked Questions
What is Florida Form 12.902(f)?
Form 12.902(f) is Florida's Marital Settlement Agreement, published in three variants for different case types: (f)(1) for cases with dependent or minor children, (f)(2) for cases with property but no children, and (f)(3) for the joint simplified dissolution process. It documents the terms both spouses have agreed to, so the court can incorporate them into the final judgment.
Which Marital Settlement Agreement form do I use?
It depends on which petition you filed. Form 12.902(f)(1) pairs with the Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.901(b)(1)). Form 12.902(f)(2) pairs with the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Form 12.901(b)(2)). Form 12.902(f)(3) pairs with the Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)).
Do I need a Marital Settlement Agreement if I have no property to divide?
Not necessarily. If you and your spouse have no marital property or debt and no minor children, you may be filing Form 12.901(b)(3), which does not have a matching Marital Settlement Agreement variant, since there is nothing to divide. See our guide to [Florida Form 12.901(b)(3)](/blog/florida-form-12-901b3-dissolution-no-children-or-property).
Does the agreement have to be notarized?
Yes. Both spouses must sign the Marital Settlement Agreement, and their signatures must be witnessed by a notary public or deputy clerk.
What if our agreement is oral, not written?
For the joint simplified dissolution track (Form 12.901(a)), you can state on the petition itself that your division of assets and liabilities was agreed to orally rather than in writing. For the standard petition process, a written, signed Marital Settlement Agreement gives the court clear terms to incorporate into your final judgment, so putting your agreement in writing is generally the more reliable path.
Can Virdix help me prepare a Marital Settlement Agreement?
Yes. Virdix prepares the Marital Settlement Agreement variant that matches your petition, from the terms you and your spouse have already agreed to. Virdix is a document preparation service, not a law firm, and does not negotiate terms or provide legal advice.
How Virdix Helps
Virdix prepares the Marital Settlement Agreement variant that matches your petition, built from the terms you and your spouse have already agreed to. Virdix does not negotiate terms between spouses. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice or negotiate terms between spouses. Forms and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(1) and (f)(2) (02/18), Instructions for Florida Family Law Rules of Procedure Form 12.902(f)(3) (10/21), Chapter 61, Florida Statutes