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  • Writer's pictureMax Factor

FAQ: Should I draft my own Marital Settlement Agreement?

Updated: Dec 14, 2023

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Divorces will require both parties or spouses to sign a Martial Settlement Agreement. If you find yourself facing divorce-- whether you need to save costs, or to save time, or to perhaps keep things private-- you might be considering drafting your agreement by yourself. This article explores the definition of a marital settlement agreement in the eyes of the Florida Court System, what all factors are included in your agreement, and whether or not we recommend drafting yours without legal counsel.

Definition of A Marital Settlement Agreement

A marital settlement agreement is a written document that outlines agreements made between divorcing spouses regarding marital issues. If the divorce is uncontested, meaning both parties share similar thoughts on how things should be divided up, then a marital settlement can be drafted in lieu of full-blown litigation. If the divorce is contested and even volatile, with each parting spouse arguing on what they desire or think is best, litigation is the better course of action.

Factors Included In Marital Settlement Agreement

If you have any of shared assets, or provide financial support to your spouse, or vice versa, the following are topics that could be include in your marital settlement agreement:

  • alimony

  • division of assets/property

  • division of debts/liability

  • child support

  • time-sharing

Are Marital Settlement Agreements Binding?

A marital settlement agreement is an agreement by the Parties resolving some or all of the issues in their dissolution of marriage case. The documents are technically binding once signed by the Parties. Because of the binding nature of these documents to the courts, we do not advise you draft a marital settlement agreement yourself. We recommend that you have an attorney draft a marital settlement agreement for you. There are many different issues that need to be resolved in a divorce case. It is possible that you may miss something important if you attempt to prepare this document yourself.

If your spouse presents you with an agreement that they have prepared, we absolutely recommend that you review this with an attorney to ensure that you understand your rights under Florida law, and that you do not sign anything until after you have spoken with an attorney.

Hire An Attorney To Help Draft A Marital Settlement Agreement

Contact Max Factor Law to review any legal documents presented to you by your soon-to-be ex-spouse for legal review. With over 25 years of divorce experience in Tallahassee and surrounding areas, Max has extensive knowledge on these matters. Call today to schedule a consultation for your divorce case.


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