• Max Factor

What Is A Marital Settlement Agreement And Should I Try To Draft One Myself?

Updated: Jul 31




Q. What is a marital settlement agreement and should I draft one myself?


A. 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 blow litigation. If the divorce is contested and volatile with each arguing on what they desire or think is best, litigation is the better course of action.


Things that could be include in your marital settlement agreement:

  • alimony

  • division of assets/property

  • division of debts/liability

  • child support

  • time-sharing


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. 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. 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 Tallassee and surrounding areas, Max has extensive knowledge on these matters. Call today to schedule a consultation for your divorce case.



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