Enforcing A Divorce Mediation Agreement In Florida

Not all divorces end up in the courtroom. In fact, most are resolved in an out-of-court setting, often with the help of a third party mediator, who assists couples in reaching a mutually acceptable and voluntary divorce agreement. At the end of a successful mediation, the parties will create a comprehensive written settlement agreement. These agreements are legally binding and can be enforced if one of the parties fails to abide by their terms.

Mediation Agreements are Legally Enforceable 

Once drafted, agreed to and signed by both parties, and submitted to the court, divorce mediation agreements are considered legally binding in Florida. Basically, these agreements finalize the terms of divorce cases and because they are treated as court orders, can be enforced like any contract. This means that if one of the parties fails (or refuses) to abide by the terms of the agreement, the wronged spouse can file a petition in court seeking enforcement of the agreement.

Filing a Motion to Enforce a Mediated Settlement Agreement 

Marital settlement agreements cover a wide range of topics, including how a couple will divide their marital assets, whether one party will be entitled to alimony, and if the couple shares children, how they will split custody. Once these contracts are signed and approved by the court, their terms are binding, as though they had been put in place by a judge. This means that failing to comply with the terms of that agreement can come with court sanctions, including fines, modification of the agreement, and contempt of court proceedings. To initiate such an enforcement action, the wronged party will need to file a motion to enforce the agreement with the court.

Court Enforcement 

There are a number of steps that judges can take to enforce a mediated divorce settlement agreement. They can, for instance, issue an order of enforcement, requiring the non-compliant party to adhere to the terms of the agreement or risk court sanctions. Enforcement can also be tailored to the specific issue at hand. If, for instance, one of the parties is refusing to pay child support, the court can issue a writ of garnishment, ordering that the amount agreed to in the settlement be taken directly from the non-compliant party’s paycheck every month. A person who is refusing to hand over a certain asset as part of the property settlement agreement, on the other hand, could end up in receipt of an order to pay a money judgment.

Do You Need Help Enforcing Your Divorce Settlement Agreement? 

If you have questions about how to amicably resolve your divorce in an out-of-court setting, you should seek guidance from an experienced Fort Lauderdale divorce mediation attorney, who has the skills and experience not only to help you negotiate a settlement, but to enforce it if your former spouse violates the agreement. Call dedicated family law attorney Sandra Bonfiglio, P.A. at 954-945-7591 to learn more about this process. You can also set up a meeting by reaching out to our office via online message.

Sources: 

flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida

floridabar.org/the-florida-bar-journal/enforcement-of-settlements-a-jurisdictional-perspective/