How to Fill Out Florida Form 12.902(f)(1) (w/Examples) + FAQs

Yes, you can complete Florida Family Law Rules of Procedure Form 12.902(f)(1) yourself, and most uncontested couples without minor or dependent children do exactly that. The form is the official Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), and it is the legal blueprint that divides your property, debts, and any spousal support before a judge signs your final judgment under Florida Statutes Chapter 61.

Roughly 70% of Florida divorces resolve without trial, according to data summarized by the Florida Bar Family Law Section, which makes this form one of the most-used documents in the state’s civil court system. Filling it out wrong, however, can stall your case for months, trigger a rehearing under Rule 12.530, or force you to refile and pay another filing fee.

Here is what you will learn in this guide:

• 📝 Every line of Form 12.902(f)(1) explained in plain English with the consequence of skipping it.
• 💰 How to divide marital assets, debts, retirement accounts, and real estate without violating §61.075.
• ⚖️ The post-2023 alimony reform rules from SB 1416 and how they change your waiver language.
• 🧾 Three named-person scenarios showing short, medium, and long-term marriages.
• 🚫 The seven biggest mistakes pro se filers make and how to avoid each one.

What Florida Form 12.902(f)(1) Actually Is

Florida Form 12.902(f)(1) is a Florida Supreme Court-approved contract that you and your spouse sign to settle every financial issue in your divorce when you have no minor or dependent children together. The form lives inside the Florida Family Law Rules of Procedure and is republished on the Florida Courts self-help portal.

The plain-English purpose is simple: it tells the judge exactly who keeps what, who pays what, and whether anyone owes alimony. The consequence of skipping the form is that the court treats your case as contested, places it on a trial docket, and may order mediation under Rule 12.741 before any final hearing. A real-world example is Maria and David, a Tampa couple married four years with no children; without 12.902(f)(1) attached to their petition, the Hillsborough clerk flagged the case for case management within 30 days under Administrative Order S-2014-028. A common misconception is that a handwritten settlement letter is good enough, but the Florida Supreme Court requires the official form when filed with a Simplified Dissolution petition.

When to Use 12.902(f)(1) vs. (f)(2)

You use the (f)(1) version only when you and your spouse share no minor or dependent children, including no adult children with disabilities who depend on you. If you have minor or dependent children, you must instead use Form 12.902(f)(2), which adds parenting plan, timesharing, and child support sections governed by §61.13. Filing the wrong version is a common rejection reason at the clerk’s office and forces you to refile.

A practical example is Jasmine, age 38, who has a 19-year-old son in college; because the son is over 18 and not disabled, Jasmine correctly used 12.902(f)(1). The consequence of using the wrong form is a clerk rejection, lost filing fee in some counties, and a delay that often exceeds 45 days based on guidance from the Florida Courts Clerks & Comptrollers.

Where the Form Fits in the Divorce Timeline

The settlement agreement is signed before or at the same time as the Petition for Dissolution of Marriage. It is then attached to your final hearing packet along with Form 12.902(b) or (c) (financial affidavit), the Notice of Social Security Number, and the proposed Final Judgment 12.990(c)(1).

The why behind this sequence is judicial efficiency: Florida judges review the agreement first to confirm it is not unconscionable under Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Skipping the financial affidavit, even with a signed 12.902(f)(1), violates Rule 12.285 mandatory disclosure and can lead to the agreement being set aside later.

Section-by-Section Walkthrough of Form 12.902(f)(1)

The form contains numbered paragraphs covering identification, assets, liabilities, alimony, and miscellaneous provisions. Every paragraph is mandatory unless marked optional, and leaving blanks creates ambiguity that judges interpret against the drafter under standard contract rules summarized in Inter-Active Services, Inc. v. Heathrow Master Ass’n, 721 So. 2d 433 (Fla. 5th DCA 1998).

Caption and Case Style

The top of the form requires the circuit court name, county, case number, and division. The plain-English explanation is that this identifies your case to the clerk’s docketing system. The consequence of an error is that the agreement may be filed in the wrong case, which has happened in Miami-Dade’s eFiling portal.

A real-world example is Carlos, who wrote “Family Division” instead of “Domestic Relations” in Orange County; the Orange County Clerk rejected the filing for routing reasons. A common misconception is that the case number can be added later, but local administrative orders such as Broward AO 2023-12-Civ require it before acceptance.

Paragraph 1: Identification of the Parties

This section lists each spouse’s full legal name, date of birth, and the date and place of marriage. The why is straightforward: it ties the agreement to the marriage license on file and prevents identity disputes. The consequence of mismatch with the marriage certificate is that judges may continue the final hearing to verify identity under Rule 12.491.

For example, Lakeisha Thompson-Reyes must list her exact name as it appears on the marriage license, even if she now goes by “Keisha Reyes.” A common misconception is that nicknames are acceptable; they are not, and using one can void the name-restoration paragraph later in the form.

Paragraph 2: Irretrievably Broken Marriage

You must check that the marriage is irretrievably broken or that one spouse is mentally incapacitated for at least three years under §61.052. The plain-English version is that Florida is a no-fault state, so you do not list adultery or cruelty.

The consequence of writing in fault grounds is that the judge will strike the language but may still grant the divorce. A misconception is that “fault” affects property division; under §61.075(1), it generally does not, except for the intentional dissipation of marital assets.

Paragraph 3: Marital Assets and Liabilities

This is the longest section. You list every asset and debt acquired during the marriage and assign each to one spouse. The legal anchor is §61.075, which presumes a 50/50 split unless you justify otherwise.

The consequence of omitting an asset is severe. Under Macar v. Macar, 803 So. 2d 707 (Fla. 2001), an undisclosed asset can be reopened years after the final judgment. A real example is Brian, a Jacksonville software engineer who forgot to list a vested RSU grant; his ex-wife reopened the case 18 months later and received half. A common misconception is that assets in your name alone are not marital, but Florida treats most property acquired during marriage as marital regardless of title.

Paragraph 4: Real Property

If either spouse owns a home, condo, or land, you describe it by street address and legal description from the county property appraiser. State who keeps it, who refinances, and who signs a quitclaim deed.

The consequence of vague language is title problems. Lenders refuse to refinance if the deed lacks a proper legal description. Priya and Marcus, an Orlando couple, lost six weeks because they wrote only “the Orlando house” instead of the lot and block from the Orange County Property Appraiser. A misconception is that a divorce decree alone transfers title; you still need a recorded quitclaim or warranty deed under §689.01.

Paragraph 5: Retirement Accounts and QDROs

You list 401(k)s, IRAs, pensions, and military retirement. Pre-tax employer plans usually require a Qualified Domestic Relations Order under ERISA, while IRAs transfer via a §408(d)(6) rollover.

The consequence of skipping QDRO language is that the plan administrator will refuse to split the account, leaving the recipient spouse with nothing. Tom, a Pensacola firefighter, learned this when his Florida Retirement System pension could not be divided without a separate FRS-approved order. A misconception is that a QDRO is automatic; the court must enter a separate order, often drafted by a specialist.

Paragraph 6: Personal Property and Vehicles

Vehicles are listed by VIN, year, make, and model. Personal property like furniture and electronics is divided in lists or by “as currently possessed” language. The consequence of vague descriptions is post-judgment squabbles that the county sheriff generally will not enforce without specifics.

A real example is Aisha, who wrote “the silver SUV”; her husband had two silver SUVs. A misconception is that registration title alone controls; under §319.22, the agreement plus a title transfer at the DHSMV is required.

Paragraph 7: Debts and Liabilities

Each spouse takes specific debts: credit cards, auto loans, student loans, medical bills. You include the creditor name, account last-four, and balance. The why is that Florida courts allocate debt based on equitable distribution.

The consequence of vague debt assignment is that the original creditor can still chase either spouse, because the divorce decree does not bind third parties under federal contract law. Jennifer paid her ex’s Discover card for 14 months because she was a joint account holder; her remedy was an indemnification claim, not a discharge. A misconception is that the divorce removes you from a joint account; only the creditor can do that, usually via refinance or payoff.

Paragraph 8: Alimony / Spousal Support

After the 2023 alimony reform via SB 1416, Florida no longer permits permanent alimony. You may agree to bridge-the-gap, rehabilitative, or durational alimony under §61.08. Most uncontested couples waive alimony entirely.

The consequence of an ambiguous waiver is litigation years later. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), reminds courts that alimony depends on need and ability to pay, but a clear waiver controls. A misconception is that you can revisit alimony after waiving it; you generally cannot, absent fraud per Macar.

Paragraph 9: Name Restoration

A spouse who changed their last name at marriage may restore a former name without a separate petition. The consequence of skipping this paragraph is a separate court filing under §68.07 costing about $400.

Sofia Martinez-Klein checked the box and resumed “Sofia Martinez” without a new case. A misconception is that the restoration is automatic; you must specifically request it on the form and in the final judgment.

Paragraph 10: Tax Filing and Carryovers

The agreement should state who claims the prior year’s return, how to allocate refunds, and how to handle IRC §1041 tax-free transfers. The consequence of silence is an IRS audit triggered by duplicate claims.

Daniel and Reva split a $7,200 refund 50/50 because their agreement said so. A misconception is that the IRS follows state divorce decrees automatically; it does not, and you may need Form 8332 for any dependency-related issue (rare without children).

Three Real-World Scenarios

Below are three of the most common fact patterns Florida pro se filers see. Each scenario uses a 2-column table per the writing guidelines.

Scenario 1: Short Marriage, Few Assets — Hannah & Eli, Married 3 Years, Tampa

Decision Point	Outcome on the Form
401(k) contributed during marriage ($14,000)	Split 50/50 via IRA rollover, no QDRO needed
Joint credit card ($2,300)	Hannah pays in full, indemnifies Eli
2021 Honda Civic in Eli’s name	Eli keeps; refinances in 60 days
Apartment lease	Both released; landlord agrees in writing
Alimony	Mutual waiver, no bridge-the-gap

The consequence of this clean split is a final hearing under 30 days in Hillsborough County. The misconception that short marriages do not need a written agreement is wrong; even three-year marriages benefit from clear allocations.

Scenario 2: Mid-Length Marriage With Home — Renee & Anthony, Married 11 Years, Fort Lauderdale

Decision Point	Outcome on the Form
Marital home with $180,000 equity	Renee buys out Anthony for $90,000 in 90 days
Two 401(k)s ($120,000 combined)	QDRO equalizes to $60,000 each
Anthony’s student loan ($22,000)	Anthony keeps as non-marital
Joint Amex ($8,400)	Split 50/50, both close after payoff
Alimony	Bridge-the-gap, $1,200/month for 18 months

The consequence of the buyout structure is that Anthony must record a quitclaim deed at the Broward County recording office. A misconception is that a refinance instantly removes Anthony from the mortgage; only the lender can do that.

Scenario 3: Long Marriage, Mixed Assets — Gloria & Wayne, Married 22 Years, Naples

Decision Point	Outcome on the Form
Marital home, free and clear ($620,000)	Sold; net proceeds split 55/45 to Gloria
Wayne’s pension (FRS)	QDRO awards Gloria 40% of marital portion
Boat and RV	Wayne keeps; assumes loans
Joint brokerage ($210,000)	Split 50/50 via in-kind transfer
Alimony	Durational, $2,500/month for 11 years per §61.08(8)

The consequence of the 55/45 home split is that Gloria must justify the unequal distribution as compensation for Wayne’s earlier dissipation. A misconception is that long marriages still allow permanent alimony; after SB 1416, durational is the maximum.

Mistakes to Avoid

Below are the seven most damaging errors Florida pro se filers make on Form 12.902(f)(1), each with the negative outcome explained.

• Mistake 1: Forgetting to attach a financial affidavit. Under Rule 12.285, the affidavit is mandatory; missing it leads to hearing continuances and possible sanctions.
• Mistake 2: Using vague descriptions. Phrases like “the household furniture” cause post-judgment disputes the sheriff will not enforce.
• Mistake 3: Skipping QDRO language. Without it, ERISA plans like the Florida Retirement System refuse to divide accounts.
• Mistake 4: Mixing up (f)(1) and (f)(2). Filers with adult-disabled dependents must use (f)(2); using the wrong one causes clerk rejection.
• Mistake 5: Hiding assets. Under Macar, hidden assets allow your ex to reopen the case years later.
• Mistake 6: Ignoring tax allocation. Silence triggers IRS confusion and possibly duplicate dependency or refund claims.
• Mistake 7: Failing to record real-estate transfers. Without a recorded deed under §695.01, title remains joint and frustrates future sales.

Do’s and Don’ts of Filling Out 12.902(f)(1)

Use this checklist to keep the agreement enforceable, judge-friendly, and fast through the clerk of court.

• Do list every account by last-four digits because specificity controls under Florida contract law.
• Do attach a financial affidavit 12.902(b) or (c) since it is mandatory disclosure.
• Do sign before a Florida notary because notarization prevents authenticity challenges.
• Do keep originals because the Florida Bar recommends originals for any post-judgment enforcement.
• Do include indemnification clauses because they protect against creditor pursuit.
• Don’t use whiteout because clerks will reject altered forms under local administrative orders.
• Don’t waive alimony if you cannot support yourself because waivers are nearly impossible to undo.
• Don’t skip name restoration because a separate petition costs hundreds later.
• Don’t rely on verbal side deals because the parol evidence rule excludes them at enforcement.
• Don’t sign under pressure because Casto lets courts void coerced agreements.

Pros and Cons of Using the Settlement Agreement

The form has real strategic upside, but it also locks you into a binding contract. Weigh both before signing in front of a notary.

• Pro: Faster resolution, often within 60 days, per Florida Courts statistics.
• Pro: Lower cost than litigation, since contested divorces in Florida average $13,500 per Martindale-Nolo data.
• Pro: Privacy, because the agreement avoids open-court testimony.
• Pro: Predictable outcome, because you control the terms instead of a judge.
• Pro: Easier appeals waiver, since both parties agree.
• Con: Permanent waiver of unknown assets if you skip discovery.
• Con: Limited modification, since §61.14 only allows modification for specific alimony types.
• Con: Risk of unconscionability claims if the split is grossly unequal under Casto.
• Con: Tax surprises if §1041 transfers are misused.
• Con: Self-drafting risk, because a missed clause is hard to fix post-judgment.

Filing, Notarization, and Final Hearing Steps

After both spouses sign before a Florida notary, the agreement is filed with the clerk of the circuit court in the county where either spouse resides. Most counties accept e-filing through the Florida Courts E-Filing Portal. The clerk attaches the agreement to the petition and routes it to a family-law judge or general magistrate.

The consequence of filing in the wrong county is dismissal under §47.011, Florida’s venue statute. Megan, who lived in Pinellas but filed in Pasco, saw her case dismissed and had to refile. A misconception is that you can file anywhere; venue is controlled by residency, not convenience.

Notarization Requirements

Both spouses must sign in front of a notary, but they do not need to sign at the same time or place. Each notary jurat must include the notary’s commission number, expiration, and seal under §117.05. Online notarization is permitted via Florida RON since 2020.

The consequence of a defective notary block is that the clerk will reject the agreement at intake. A misconception is that any notary nationwide will do; out-of-state notaries are accepted but must comply with their home state’s rules and Florida’s recognition under §117.05(13).

The Final Hearing

Florida requires a brief final hearing even for uncontested cases, except in simplified dissolutions where both parties appear together and waive trial rights. The judge confirms the agreement is voluntary, asks if the marriage is irretrievably broken, and signs the Final Judgment 12.990(c)(1).

The consequence of failing to appear is dismissal for lack of prosecution under Rule 12.420. A misconception is that the agreement alone divorces you; only the signed final judgment ends the marriage.

Key Entities Involved

Several people and offices touch your 12.902(f)(1) before it becomes binding. Knowing each role prevents avoidable delays.

• The Florida Supreme Court publishes and approves the form through the Family Law Rules Committee.
• The clerk of the circuit court dockets, scans, and routes the agreement; each county has its own clerk’s office.
• The judge or general magistrate reviews the agreement for unconscionability under Casto.
• The notary public verifies identity and voluntariness under Chapter 117.
• Plan administrators for retirement accounts enforce QDROs under ERISA.
• County property appraisers issue legal descriptions for real estate transfers, listed at the Florida Department of Revenue.
• The IRS enforces tax-free transfers under §1041.

Recap of Key Florida Rulings

Several Florida cases shape how judges read 12.902(f)(1) agreements. Casto v. Casto, 508 So. 2d 330 (Fla. 1987), allows courts to set aside agreements that are unconscionable or signed under duress. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), establishes that alimony depends on need and ability to pay; a written waiver in 12.902(f)(1) overrides this default.

Macar v. Macar, 803 So. 2d 707 (Fla. 2001), permits reopening final judgments for fraudulently hidden assets, which is why disclosure under Rule 12.285 is essential. Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), governs attorney’s fee awards under §61.16, even in uncontested divorces with a settlement agreement.

County-Level Filing Nuances

Florida is a statewide jurisdiction, but each county clerk has its own e-filing quirks. Miami-Dade requires PDF/A format. Broward prefers fillable PDFs over scanned RTFs. Orange and Hillsborough automatically route uncontested family files to designated case managers within 72 hours.

The consequence of ignoring local filing rules is rejection at intake, which delays your case by 7–14 days. Marcus, filing in Duval, used the wrong cover sheet and lost two weeks; the Duval Clerk requires Form 1.997 civil cover sheet on every family case. A misconception is that the e-filing portal accepts everything; each county’s local administrative orders override the statewide portal defaults.

FAQs

Do I need a lawyer to file Form 12.902(f)(1)?

No. Florida allows pro se filing for any uncontested divorce. The Florida Courts self-help center publishes the form, instructions, and step-by-step guides for individuals representing themselves.

Is Form 12.902(f)(1) the same as a divorce decree?

No. It is a contract between spouses. The judge must sign a separate Final Judgment Form 12.990(c)(1) for the divorce to be legally final under Florida Statutes Chapter 61.

Can I use 12.902(f)(1) if I have an adult child with a disability?

No. Adult children with disabilities are dependents under §61.13, so you must use Form 12.902(f)(2), which includes parenting and support sections.

Must both spouses sign in front of the same notary?

No. Each spouse may sign before a different Florida notary at different times under Chapter 117, as long as both notarizations are valid and attached.

Can I waive alimony permanently in this form?

Yes. A clear, mutual waiver under §61.08 typically prevents future alimony claims, except where fraud or unconscionability is proven under Casto.

Will the divorce decree remove me from a joint credit card?

No. Only the creditor can release you. The agreement creates indemnification rights between spouses but does not bind third-party creditors under federal law.

Is permanent alimony still available in Florida in 2026?

No. Senate Bill 1416, effective July 1, 2023, eliminated permanent alimony statewide. Only bridge-the-gap, rehabilitative, and durational alimony remain available under §61.08.

Can I include cryptocurrency in the asset list?

Yes. Crypto held during the marriage is marital property under §61.075. List the wallet address last-four, exchange, and approximate value as of the filing date.

Does the court need a financial affidavit if we already agree?

Yes. Rule 12.285 requires mandatory disclosure including Form 12.902(b) or (c), even when both spouses sign 12.902(f)(1) and waive further discovery.

Can I modify the settlement after the judge signs it?

No. Property division is generally final under §61.075. Only specific alimony and certain support provisions may be modified later under §61.14.

Do I need to record a deed even if my spouse keeps the house?

Yes. Florida recording statute §695.01 requires a recorded quitclaim or warranty deed to transfer title; the divorce decree alone does not move title.

Is online notarization (RON) valid for 12.902(f)(1)?

Yes. Florida authorized remote online notarization in 2020, and clerks accept RON-signed agreements as long as the audio-video record complies with §117.295.