Marital Settlement Agreements FAQ

Do I need a lawyer to write or review my marital settlement agreement?

You don’t have to, but it’s risky not to. Without a divorce lawyer, you might agree to terms that are unfair or legally invalid under Florida law. An experienced and trusted divorce lawyer makes sure your rights and interests are protected and that the agreement can be enforced.

Can I change my marital settlement agreement later?

Yes, but only under certain conditions. Florida law lets you change parts of the agreement, like alimony or parenting plans, if there’s a substantial change in circumstances. You usually need court approval to modify it, even if both of you agree.

What happens if my spouse won’t sign the agreement?

If your spouse refuses to sign, then it becomes a contested divorce. That means a judge will decide the unresolved issues. A top-rated divorce lawyer can help push for a fair result in court or through mediation.

Does the court have to approve our marital settlement agreement?

Yes. Florida courts must review the agreement to make sure it’s fair, especially if it involves children and child support. The judge will typically approve it if both sides agreed voluntarily and it follows the law.

How do we divide property in a marital settlement agreement?

Florida uses “equitable distribution,” which means a fair—not necessarily equal—split of property and debts. The agreement should list all assets and clearly explain how everything will be divided.

Can I include child custody and support in the agreement?

Yes, but anything involving kids must follow Florida’s best interest standard under Florida Statutes § 61.13. Even if both parents agree, the court has to approve the parenting plan and child support amounts.

How long does it take to finalize a marital settlement agreement in Manatee County and Sarasota County?

It depends. If both sides cooperate and agree on terms quickly, it could take a few months. If there are disagreements or delays with paperwork, it might take up to a couple of years or so.

Is a marital settlement agreement legally binding in Florida?

Yes, if it’s professionally written, signed, and approved by the court. It becomes part of the final divorce judgment and is enforceable like any other court order.

What if I signed an agreement but now regret it?

You may be able to challenge it if you can show fraud, coercion, duress, or that you didn’t understand what you were signing. But once a court approves it, changing it can be very hard— so get competent legal advice quickly.

Can I handle a marital settlement agreement without going to court?

You can reach an agreement out of court, but to make it enforceable, it must still be filed with and approved by the court. You can’t avoid the legal process entirely if you want the terms to stick.

Bradenton, Sarasota, Manasota Key, and Venice, Florida Marital Settlement Agreement Lawyers | Experienced Divorce Attorneys

If you’re going through a divorce in Bradenton, Lakewood Ranch, Anna Maria Island, Sarasota, Siesta Key, Casey Key, Manasota Key, or Venice, Florida and are facing decisions about property division, alimony, or parenting arrangements, it’s critical that you have a divorce lawyer who truly understands what’s at stake. At the Law Offices of Matthew Z. Martell, P.A., our trusted and experienced divorce attorney has helped many individuals protect their rights, reach strong legal agreements, and move forward with confidence. We know that this isn’t just about paperwork—it’s about your future, your family, and your peace of mind. You don’t have to handle this alone, and you shouldn’t settle for anything less than a top Florida divorce lawyer who will fight for what’s fair. Contact the Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online for a15 minute free phone consultation. We’re here to listen, to guide you, and to stand by your side every step of the way.