Waiver Of Mandatory Disclosure - Florida Circuit Court printable pdf download

Waiver Of Mandatory Disclosure - Florida Circuit Court

WAIVER OF MANDATORY DISCLOSURE

INSTRUCTIONS FOR USE

The Mandatory Disclosure Rule (Rule 12.285) of the Florida Family Court Rules of

Procedure, requires that each party to a family law case provide certain documentation to the

other party so that each will be fully informed about the financial circumstances of the other

party.

The Rule specifically lists the documents to be provided and when they must be

provided. In many cases, however, it is not necessary to provide all of the documents listed in

the Rule. This is usually when the parties have agreed to a resolution of all of the potentially

contested issues and are satisfied that the Agreement is fair to each and that each fully

understood the financial circumstances of the opposing party at the time of making the

Agreement. In those cases the parties can agree to waive most of the disclosure requirements of

Rule 12.285. The requirement that each party file a completed Financial Affidavit cannot be

waived and the Affidavit must be filed. If you and the other party agree to waive the

requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure

with the court. If you agree to waive everything (except the Financial Affidavit), check every

line on the form. If you agree to waive only part of the mandatory disclosure, check only those

items that each of you agree do not need to be reviewed before you appear in court. The form

needs to be signed by both you and the other party.

Signing and filing the Waiver of Mandatory Disclosure form, however, does not

guarantee that the documents will not be needed. The judge or general magistrate who hears your

case may want additional information before he/she can find that the agreement is, in fact,

legally fair and equitable to both you and your spouse or is otherwise acceptable to the court.

Although this will not be known until the hearing, filing the Waiver of Mandatory Disclosure, if

you are satisfied with your level of understanding, will be beneficial to the court and will

possibly avoid unnecessary delay in the proceedings.

Judicial Circuit Form)

03/2008

Waiver of Mandatory Disclosure (

Waiver Of Mandatory Disclosure - Florida Circuit Court