What Is A Marital Settlement Agreement?

On Behalf of | Mar 3, 2023 | Divorce, Family Law

If you are considering a divorce, you might have ideas about what divorce looks like in practice.

Do you picture a courtroom, judge and two lawyers? Do you have friends or family who have gone through the process through mediation? With divorce, like marriage, your path and process will be unique. There is no one right or wrong way to divorce, but you do have options.

The one we will discuss today is a marital settlement agreement.

What is a marital settlement agreement?

A marital settlement agreement is a contract that both sides agree to, where typical topics to consider include: debts, assets, child custody and more. It is important to note that while child support can be discussed, if applicable, family law courts have the final say on matters of child support. Child support vests with the child, not the people divorcing.

Are there any advantages to marital settlement agreements?

Opting to agree on terms of your divorce, like time sharing agreements with your children or how to divide your property, can offer your family many benefits. Typically, if both parties are willing to agree to terms, this can be less costly than traditional litigation, and also reduce emotional tolls, if you want to avoid extra court times.

A Florida judge must sign off on your contract. As such, it is important to understand that while you can agree on terms to your divorce settlement, having a lawyer review your terms for enforceability is equally as important because a judge can refuse to sign off on your agreement.

A well-structured agreement can help stave off conflict in the future by giving you clear terms on how to proceed in your new future.

Final thoughts

Marital settlement agreements or divorce settlements are one option you have to settle a divorce. There is not one correct way to divorce, but you can get help no matter what path you choose.

Family law lawyers are familiar with options like marital settlement agreements or civil action and litigation. No matter what way you go, it is helpful to have an advocate for your interests and someone who is fully aware of Florida law and courts.