General Information for Self-Represented Litigants (7/05)
FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS
GENERAL INFORMATION FOR S ELF-REPRESENTED LITIGANTS
You should read this General Information thorough ly before taking any other steps to file your
case or represent yourself in court. Most of this information is not repeated in the attached forms. This
information should provide you with an overview of th e court system, its participants, and its processes.
It should be useful whether you want to represent yourself in a pending matter or have a better
understanding of the way family court works. This is not intended as a substitute for legal advice
from an attorney. Each case has its own partic ular set of circumstances, and an attorney may
advise you of what is best for you in your individual situation.
These instructions are not the only place that you can get information about how a family case works.
You may want to look at other books for more help. The Florida Statutes, Florida Family Law Rules of
Procedure, Florida Rules of Civil Procedure, and other legal information or books may be found at the
public library or in a law library at your county courth ouse or a law school in your area. If you are filing
a petition for Name Change and/or Adoption , these instructions may not apply.
If the word(s) is printed in bold, this means that the word is being emphasized. Throughout these
instructions, you will also find words printed in bold and underlined . This means that the definitions of
these words may be found in the glossary of common family law terms at the end of this general
information section. Commentary
1995 Adoption. To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the
Florida Supreme Court added these simplified forms and directions to the Florida Family Law Rules of Procedure. The directions refer to the
Florida Family Law Rules of Procedure or the Florida Rules of Ci vil Procedure. Many of the forms were adapted from the forms accompanying
the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history.
The forms were adopted by the Court pursuant to Family Law Rules of Procedure, 667 So. 2d 202 (Fla. 1995); In re Petition for
Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar—Stepparent Adoption Forms , 613 So. 2d 900 (Fla. 1992);
Rules Regulating the Florida Bar—Approval of Forms , 581 So. 2d 902 (Fla. 1991).
Although the forms are part of these rules, they are not all in clusive and additional forms, as necessary, should be taken from the
Florida Rules of Civil Procedure as provided in Florida Family Law Rules of Procedure. Also, the following notice has been inc luded to strongly
encourage individuals to seek the advice, when needed, of an attorney who is a member in good standing of the Florida Bar.
1997 Amendment. In 1997, the Florida Family Law Forms were completely revised to simplify and correct the forms. Additionally,
the appendices were eliminated, the instructions contained in the appendices were inco rporated into the forms, and the introduction following the
Notice to Parties was created. Minor changes were al so made to the Notice to Parties set forth below.
NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A
MEMBER IN GOOD STANDING OF THE FLORIDA BAR
If you have questions or concerns about these fo rms, instructions, commentary, the use of the
forms, or your legal rights, it is strongly recommende d that you talk to an attorney. If you do not
know an attorney, you should call the lawyer refe rral service listed in the yellow pages of the
telephone book under “Attorney.” If you do not have the money to hire an attorney, you should
call the legal aid office in your area.
Because the law does change, the forms and inform ation about them may have become outdated.
You should be aware that changes may have taken pl ace in the law or court rules that would affect
the accuracy of the forms or instructions.
General Information for Self-Represented Litigants (7/05)
In no event will the Florida Supreme Court, The Florida Bar, or anyone contributing to the
production of these forms or instructions be liable for any direct, indirect, or consequential
damages resulting from their use.
FAMILY LAW PROCEDURES
Communication with the court... Ex parte
communication is communication with the judge with only
one party present. Judges are not allowed to engage in ex parte communication except in very limited
circumstances, so, absent sp ecific authorization to the contrary, you should not try to speak with or write
to the judge in your case unless the other party
is present or has been properly notified. If you have
something you need to tell the judge, you must ask for a hearing
and give notice to the other party
or file a written statement in the court file and send a copy of the written statement to the other party. Filing a case... A case begins with the filing of a petition
. A petition is a written request to the court for
some type of legal action. The person who originally asks for legal action is called the petitioner
and
remains the petitioner throughout the case. A petition is given to the clerk of the circuit court
, whose office is usually located in the county
courthouse or a branch of the county courthouse. A case number is assigned and an official court file is
opened. Delivering the petition to the clerk’s office is called filing
a case. A filing fee is usually
required.
Once a case has been filed, a copy must be given to (served on) the respondent. The person against whom
the original legal action is being requested is called the respondent
, because he or she is expected to
respond to the petition. The respondent remains the respondent throughout the case. Service
... When one party files a petition , motion , or other pleading , the other party must be “served”
with a copy of the document. This means that the other party is given proper notice of the pending
action(s) and any scheduled hearings. Personal service
of the petition and summons on the respondent
by a deputy sheriff or private process server is required in all original petitions
and supplemental
petitions , unless constructive service is permitted by law. Personal serv ice may also be required in other
actions by some judges. After initial service of th e original or supplemental petition and summons by a
deputy sheriff or private process server, service of most motions and other documents or papers filed in
the case generally may be made by regular U.S. mail or hand delivery. However, service by certified
mail is required at other times so you have proof that the other party actually received the papers. The
instructions with each form will advise you of the type of service
required for that form. If the other
party is represented by an attorney, you should serve the attorney and send a copy to the other
party, except for original or supplemental peti tions, which must be personally served on the
respondent.
Other than the initial original or supplemental petitions , anytime you file additional pleadings or motions
in your case, you must provide a copy to the other party and include a certificate of service
. Likewise,
the other party must provide you with copies of everyt hing that he or she files. Service of additional
documents is usually completed by U.S. mail. For more information, see the instructions for Certificate
of Service (General) , Florida Supreme Court Approved Family Law Form 12.914.
Forms for service of process are included in the Flor ida Family Law Forms, along with more detailed
instructions and information regarding service. The in structions to those forms should be read carefully
to ensure that you have the other party properly served. If proper service is not obtained, the court
cannot hear your case.
General Information for Self-Represented Litigants (7/05)
Note:
If you absolutely do not know where the other pa rty to your case lives or if the other party resides
in another state, you may be able to use constructive service
. However, if constructive service is used,
other than granting a divorce, the court may only grant limited relief. For more information on
constructive service, see Notice of Action for Dissolution of Marriage , Florida Supreme Court
Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family
Law Rules of Procedure Form 12.913(b). Additionally, if the other party is in the military service of the
United States, additional steps for service may be required. See, for example, Memorandum for
Certificate of Military Service , Florida Supreme Court Approved Family Law Form 12.912(a). In sum,
the law regarding constructive service and service on an individual in the military service is very complex
and you may wish to consult an attorney regarding these issues. Default
... After being served with a petition or counterpetition , the other party has 20 days to file a
response. If a response to a petition is not filed, the petitioner may file a Motion for Default, Florida
Supreme Court Approved Family Law Form 12.922(a), with the clerk. This means that you may proceed
with your case and set a final hearing
, and a judge will make a decision, even if the other party will not
cooperate. For more information, see rule 12.0 80(c), Florida Family Law Rules of Procedure.
Answer
and counterpetition... After being served, the respondent has 20 days to file an answer
admitting or denying each of the allegations containe d in the petition. In addition to an answer, the
respondent may also file a counterpetition. In a c ounterpetition, the respondent may request the same or
some other relief or action not requested by the pet itioner. If the respondent files a counterpetition, the
petitioner should then file an Answer to Counterpetition, Florida Supreme Court Approved Family Law
Form 12.903(d), and either admit or deny the a llegations in the respondent’s counterpetition.
Mandatory disclosure
... Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a
dissolution of marriage
to exchange certain informa tion and documents, and file a Family Law
Financial Affidavit , Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this
required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the
court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This
requirement also must be met in other family law cases, except adoptions, simplified dissolutions of
marriage, enforcement proceedings, contempt procee dings, and proceedings for injunctions for domestic
or repeat violence. The Certificate of Compliance with Mandatory Disclosure , Florida Family Law
Rules of Procedure Form 12.932, lists the documents th at must be given to the other party. For more
information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the
Certificate of Compliance with Mandatory Disclosure , Florida Family Law Rules of Procedure Form
12.932.
Setting a hearing
or trial ... Generally, the court will have hear ings on motions, final hearings on
uncontested
or default cases, and trials on contested cases. Before setting your case for final hearing or
trial, certain requirements such as completing manda tory disclosure and filing certain papers and having
them served on the other party must be met. These requirements vary depending on the type of case and
the procedures in your particular jurisdiction. For furt her information, you should refer to the instructions
for the type of form you are filing.
Next, you must obtain a hearing or trial date so that the court may consider your request. You should ask
the clerk of court, or family law intake staff
about the local procedure for setting a hearing or trial, which
you should attend. These family law forms contain orders
and final judgments , which the judge may
use. You should ask the clerk of court or family la w intake staff if you need to bring one of these forms
with you to the hearing or trial. If so, you should type or print the heading, including the circuit, county,
case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your
hearing or trial.
Below are explanations of symbols or parts of different family law forms...
General Information for Self-Represented Litigants (7/05)
{specify}, {date}, {name(s)} , {street} , {city} , {state} , {phone}
Throughout these forms, you will find hints such as those above. These tell you what to put in the blank(s).
[ / one only] [ / all that apply]
These show how many choices you should check. Someti mes you may check only one, while other times
you may check several choices. ( ) This also show s an area where you must make a choice. Check the
( ) in front of the choice that applies to you or your case. IN THE CIRCUIT COURT OF THE (1)
JUDICIAL CIRCUIT,
IN AND FOR (2) COUNTY, FLORIDA
Case No.: (3)
Division: (4)
(5) ,
Petitioner,
and
(6) ,
Respondent.
Line 1 The clerk of court can tell you the number of your judicial circuit. Type or print it here.
Line 2 Type or print your county name on line (2).
Line 3 If you are filing an initial petition or pleading, the Clerk of the Court will assign a case number
after the case is filed. You should type or print this case number on all papers you file in this
case.
Line 4 The clerk of the court can tell you the name of the division in which your case is being filed, and
you should type or print it here. Divisions vary from court to court. For example, your case may
be filed in the civil division, the family division, or the juvenile division.
Line 5 Type or print the legal name of the person who originally filed the case on line 5. This person is
the petitioner because he/she is the one who filed the original petition.
Line 6 Type or print the other party’s legal name on line 6. The other party is the respondent because
he/she is responding to the petition.
I understand that I am swearing or affirming under oath to the truthfulness of the claims
made in this petition and that the punishment fo r knowingly making a false statement includes fines
and/or imprisonment.
Dated: (1) (2)
Signature of Petitioner
Printed Name: (3)
Address: (4)
City, State, Zip: (5)
Telephone Number: (6)
Fax Number: (7)
Some forms require that your signature be witness ed. You must sign the form in the presence of a notary
public or deputy clerk (employee of the clerk of the court’s office). When signing the form, you must
have a valid photo identification unless the notary know s you personally. You should completely fill in
all lines (1 & 3–7) except 2 with the requ ested information, if applicable. Line 2, the signature line,
must be signed in the presence of the notary public
or deputy clerk .
General Information for Self-Represented Litigants (7/05)
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on by .
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or
clerk.]
Personally known
Produced identification
Type of identification produced
DO NOT SIGN OR FILL IN THIS PART OF ANY FORM . This section of the form is to be
completed by the notary public w ho is witnessing your signature.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE
BLANKS BELOW: [fill in all blanks]
I, {full legal name and trade name of nonlawyer}
a nonlawyer, located at {street} (2) , {city}
{state} (4) , {phone} (5) , helped {name} (6) ,
who is the petitioner, fill out this form.
This section should be completed by anyone who helps you fill out these forms but is not an attorney who
is a member in good standing of The Florida Bar, whic h means that he or she is not licensed to practice
law in Florida. Line 1 The nonlawyer
who helps you should type or print his or her name on line 1.
Lines 2–5 The nonlawyer’s address and telephone number should be typed or printed on lines 2–5.
Line 6 Your name should be typed or printed on line 6.
In addition, a Disclosure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900 (a),
should be completed if a nonlawyer assists you. The disclosure is available as a family law form and
should be completed before the nonlawyer helps you. This is to be sure that you understand the role and
limitations of a nonlawyer. You and the nonlawyer should keep a copy of this disclosure for your records.
FAMILY LAW GLOSSARY OF COMMON TERMS AND DEFINITIONS
Note: The following definitions are intended to be helpful, BUT they are not intended to constitute
legal advice or address every possible meaning of the term(s) contained in this glossary.
Affidavit - a written statement in which the facts stated are sworn or affirmed to be true.
General Information for Self-Represented Litigants (7/05)
Answer
- written response by a respondent that states whet her he or she admits (agrees with) or denies
(disagrees with) the allegations in the petition. Any a llegations not specifically denied are considered to
be admitted. Appeal - asking a district court of appeal to review th e decision in your case. There are strict procedural
and time requirements for filing an appeal. Asset - everything owned by you or your spouse, including property, cars, furniture, bank accounts,
jewelry, life insurance policies, businesses, or retirem ent plans. An asset may be marital or nonmarital,
but that distinction is for the court to determine if you and your spouse do not agree. Attorney - a person with special education and training in the field of law who is a member in good
standing of The Florida Bar and licensed to practice law in Florida. An attorney is the only person who is
allowed to give you legal advice. An attorney may file your case and represent you in court, or just
advise you of your rights before you file your own case. In addition to advising you of your rights, an
attorney may tell you what to expect and help prepar e you for court. In family law matters, you are not
entitled to a court-appointed lawyer, like a public defe nder in a criminal case. However, legal assistance
is often available for those who are unable to hire a private attorney. You may consult the yellow pages
of the telephone directory for a listing of legal aid or lawyer referral services in your area, or ask your
local clerk of court or family law intake staff wh at services are available in your area. You may also
obtain information from the Florida Suprem e Court’s Internet site located at
http://www.flcourts.org/courts/supct. Bond - money paid to the clerk of court by one party in a case, to be held and paid to an enjoined party in
the event that the first party causes loss or damage of property as a result of wrongfully enjoining the
other party. Central Governmental Depository - the office of the clerk of court that is responsible for collecting and
disbursing court-ordered alimony and child support payments. The depository also keeps payment
records and files judgments if support is not paid.
Certificate of Service - a document that must be filed whenever a form you are using does not contain a
statement for you to fill in showing to whom you ar e sending copies of the form. Florida Supreme Court
Approved Family Law Form 12.914 is the certificate of service form and contains additional instructions.
Certified Copy - a copy of an order or final judgment, certified by the clerk of the circuit court to be an
authentic copy.
Certified Mail - mail which requires the receiving party to sign as proof that they received it.
Child Support - money paid from one parent to the other for the benefit of their dependent or minor
child(ren).
Clerk of the Circuit Court - elected official in whose office papers are filed, a case number is assigned,
and case files are maintained. The clerk’s office usually is located in the county courthouse. Constructive Service - notification of the other party by news paper publication or posting of notice at
designated places when the other party cannot be located for personal service. You may also be able to
use constructive service when the other party lives in a nother state. Constructive service is also called
“service by publication.” However, when constructive service is used, the relief the Court may grant is
limited. For more information on service, see the inst ructions for Florida Family Law Rules of Procedure
Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a).
Contested Issues - any or all issues upon which the parti es are unable to agree and which must be
resolved by the judge at a hearing or trial. Contingent Asset - an asset that you may receive or get later, such as income, tax refund, accrued
vacation or sick leave, a bonus, or an inheritance.
General Information for Self-Represented Litigants (7/05)
Contingent Liability
- a liability that you may owe later, such as payments for lawsuits, unpaid taxes, or
debts that you have agreed or guaranteed to pay if someone else does not.
Counterpetition - a written request to the court for legal acti on, which is filed by a respondent after being
served with a petition. Default - a failure of a party to respond to the pleading of another party. This failure to respond may
allow the court to decide the case without input from the party who did not appear or respond.
Delinquent - late.
Dependent Child(ren) - child(ren) who depend on their parent(s) for support either because they are
under the age of 18, they have a mental or physical disability that prevents them from supporting
themselves, or they are in high school while betw een the ages of 18 and 19 and are performing in good
faith with reasonable expectation of graduation before the age of 19.
Deputy Clerk - an employee of the office of the clerk of court, which is usually located in the county
courthouse or a branch of the county courthouse. Dissolution of Marriage - divorce; a court action to end a marriage.
Enjoined - prohibited by the court from doing a specific act.
Ex Parte - communication with the judge by only one party. In order for a judge to speak with either
party, the other party must have been properly notified and have an opportunity to be heard. If you have
something you wish to tell the judge, you should ask for a hearing or file information in the clerk of
court’s office, with certification that a copy was sent to the other party. Family Law Intake Staff - a court’s employee(s) who is (are) available to assist you in filing a family
law case. Family law intake staff are not attorney s and cannot give legal advice. They may only assist
you with filling out the form(s). Your local clerk’s office can tell you if your county has such assistance available. Filing - delivering a petition, response, motion, or othe r pleading in a court case to the clerk of court’s
office. Filing Fee - an amount of money, set by law, that the petitioner must pay when filing a case. If you
cannot afford to pay the fee, you must file an Application for Determination of Civil Indigent Status ,
to ask the clerk to file your case without payment of the fee. This form can be obtained from the clerk’s
office. Final Hearing - trial in your case.
Financial Affidavit - a sworn statement that contains info rmation regarding your income, expenses,
assets, and liabilities.
Final Judgment - a written document signed by a judge and reco rded in the clerk of the circuit court’s
office that contains the ju dge’s decision in your case.
Guardian ad Litem - a neutral person who may be appointed by the court to evaluate or investigate your
child’s situation, and file a report with the court about what is in the best interests of your child(ren).
Guardians do not “work for” either party. The guardia n may interview the parties, visit their homes, visit
the child(ren)’s school(s) and speak with teachers, or use other resources to make their recommendation.
Hearing - a legal proceeding before a judge or designated officer (general magistrate or hearing officer)
on a motion. Judge - an elected official who is responsible for d eciding matters on which you and the other parties in
your case are unable to agree. A judge is a neutral pe rson who is responsible for ensuring that your case
is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving
you or the other party any legal advice, recommendati ons, or other assistance, and may not talk to
either party unless both parties are present, represented, or at a properly scheduled hearing.
General Information for Self-Represented Litigants (7/05)
Judicial Assistant
- the judge’s personal staff assistant.
Liabilities - everything owed by you or your spouse, including mortgages, credit cards, or car loans. A
liability may be marital or nonmarital, but that distin ction is for the court to determine if you and your
spouse do not agree.
Lump Sum Alimony - money ordered to be paid by one s pouse to another in a limited number of
payments, often a single payment.
Mandatory Disclosure - items that must be disclosed by both parties except those exempted from
disclosure by Florida Family Law Rule 12.285. Marital Asset - generally, anything that you and/or your spouse acquired or received (by gift or
purchase) during the marriage. For example, something you owned before your marriage may be
nonmarital. An asset may only be determined to be ma rital by agreement of the parties or determination
of the judge.
Marital Liability - generally, any debt that you and/or your spouse incurred during the marriage. A debt
may only be determined to be nonmarital by agreemen t of the parties or determination of the judge.
Mediator - a person who is trained and certified to assist parties in reaching an agreement before going to
court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only
responsible for helping the parties reach an agreement and putting that agreement into writing. In some
areas, mediation of certain family law cases may be required before going to court.
Modification - a change made by the court in an order or final judgment.
Motion - a request made to the court, other than a petition.
No Contact - a court order directing a party not speak to, call, send mail to, visit, or go near his or her
spouse, ex-spouse, child(ren), or other family member. Nonlawyer - a person who is not a member in good standing of The Florida Bar.
Nonmarital Asset - generally, anything owned separately by you or your spouse. An asset may only be
determined to be nonmarital by either agreement of the parties or determination of the judge.
Nonmarital Liability - generally, any debt that you or your spouse incurred before your marriage or
since your separation. A debt may only be determined to be nonmarital by either agreement of the parties
or determination of the judge. Nonparty - a person who is not the petitione r or respondent in a court case.
Notary Public - a person authorized to witness signatures on court related forms.
Obligee - a person to whom money, such as child support or alimony, is owed.
Obligor - a person who is ordered by the court to pay money, such as child support or alimony.
Order - a written decision signed by a judge and filed in the clerk of the circuit court’s office, that
contains the judge’s decision on part of your case, usually on a motion. Original Petition - see Petition
.
Parenting Course - a class that teaches parents how to help their child(ren) cope with divorce and other
family issues. Party - a person involved in a court case, either as a petitioner or respondent.
Paternity Action - A lawsuit used to determine whether a desi gnated individual is the father of a specific
child or children. Payor - an employer or other person who provides income to an obligor.
Permanent Alimony - spousal support ordered to be paid at a specified, periodic rate until modified by a
court order, the death of either party, or the remarriage of the Obligee, whichever occurs first.
General Information for Self-Represented Litigants (7/05)
Personal Service
- when a summons and a copy of a petition (or other pleading) that has been filed with
the court are delivered by a deputy sheriff or private pr ocess server to the other party. Personal service is
required for all petitions and supplemental petitions. Petition - a written request to the court for le gal action, which begins a court case.
Petitioner - the person who files a petition that begins a court case.
Pleading - a formal written statement of exactly what a pa rty wants the court to do in a lawsuit or court
action. Primary Residence - the home in which the child(ren) spends most of his/her (their) time.
Pro Se Litigant - a person who appears in court without the assistance of a lawyer.
Pro Se Coordinator - see Family Law Intake Staff
.
Reasonable Visitation - visitation between the nonresidential pare nt and child(ren) that provides frequent
and unhampered contact with the child(ren). Such visitation is designed to encourage a close and
continuing relationship with due rega rd for educational commitments of child(ren), any health or social
factors of the child(ren), business and personal commi tments of both parents, and home arrangements of
both parents. Rehabilitative Alimony - spousal support ordered to be paid fo r a limited period of time to allow one of
the parties an opportunity to complete a plan of educ ation or training, according to a rehabilitative plan
accepted by the court, so that he or she may better support himself or herself. Respondent - the person who is served with a petition requesting some legal action against him or her.
Rotating Custody - physical custody of child(ren) after divor ce, which is alternated between the mother
and father at specified periods of time, as determined by the court. Rotating custody allows each parent
equal time with the child(ren).
Scientific Paternity Testing - a medical test to determine who is the father of a child.
Secondary Residential Responsibility (Visitation) - the time that the parent with whom the child(ren)
does (do) not have primary residence spends with the child(ren). Service - the delivery of legal documents to a party. This must be accomplished as directed by Florida
Family Law Rules 12.070 and 12.080. Shared Parental Responsibility - an arrangement under which both pa rents have full parental rights and
responsibilities for their child(ren), and the parents ma ke major decisions affecting the welfare of the
child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.
Sole Parental Responsibility - a parenting arrangement under wh ich the responsibility for the minor
child(ren) is given to one parent by the court, with or without rights of visitation to the other parent. Specified Visitation - a parenting arrangement under which a specific schedule is established for the
visitation and exchange of the child(ren). Spouse - a husband or wife.
Supervised Visitation - a parenting arrangement under which vis itation between a parent and his or her
child(ren) is supervised by either a friend, fa mily member, or a supervised visitation center.
Supplemental Petition - a petition that may be filed by either party after the judge has made a decision in
a case and a final judgment or order has been entered. For example, a supplemental petition may be used
to request that the court modify the previously entered final judgment or order. Trial - the final hearing in a contested case.
General Information for Self-Represented Litigants (7/05)
Uncontested
- any and all issues on which the parties are ab le to agree and which are part of a marital
settlement agreement.
