Settlement Agreements

The law and legal issues related to agreements are complicated.  Most questions will be specifically tailored to the unique facts of the case.  Please be mindful that the information on this page is informational only and is not a substitute for receiving uniquely tailored legal advice that a consultation with a qualified attorney will provide. 

The term “agreement” is usually interchangeable with “contract.”  Both these terms refer to a legally binding document that reflects the mutual understanding between two or more people or entities (“parties”) and each party’s legal obligations and responsibilities to each other.

Florida has many types of agreements. 

• For Marriages, there are three main types of agreements:
  • Premarital (or prenuptial) which are signed before the legal marriage of two people;
  • Post-marital (or postnuptial) which is signed after the legal marriage of two people but before a dissolution of marriage (divorce) case has begun; and
  • Marital Settlement Agreement which is signed after a dissolution of marriage (divorce) case has begun but before the final judgment is entered.
• For Parentage (or paternity) cases, the agreement is called a “Paternity (or Parentage) Settlement Agreement.”
• Cases that involve minor children will often have a “Parenting Plan” which resolves all the non-financial rights and responsibilities each parent has to their minor children and outlines a schedule of contact between the children and each parent.
• Agreements may sometimes have an “Addendum” which is an agreement reached after the prior agreement was signed.  An addendum will change or supplement the prior agreement.  Typically, parties sign addenda shortly after the original agreement was signed.  If a lot of time has passed since execution of the Agreement, then it is not unusual to call the agreement a “modification agreement.”
• Modification Agreements change the terms of a prior agreement or court order.

Often people will ask what laws apply to agreements.  While some laws apply to all agreements, each type of agreement has laws specifically tailored to address them.  This is one reason you should discuss questions or concerns about your specific circumstances with a qualified Florida family law attorney like ours.

Lazzara Family Law is available to negotiate, draft, review, or revise family law agreements.