Is My Divorce Mediation Agreement Binding?

Legally ending a marriage is a complex process that involves a lot of moving parts, including property division, alimony, and in some cases, child custody. While couples can resolve these issues through litigation, doing so tends to be complicated and expensive. Another option is divorce mediation, which allows couples (with the help of a neutral third party mediator) to come up with their own solutions to these issues in an out-of-court setting. The agreements that come out of these proceedings are as legally binding as a court order, so it’s important for couples to be sure of the terms of those agreements before signing.

What are Divorce Mediation Agreements? 

Divorce mediation agreements are legal documents that set out the decisions that a couple makes during divorce negotiations. These decisions are reached with the help of a neutral third party who assists couples in negotiating agreements on everything from property division and alimony to child custody and child support. While the mediator can’t make decisions on the parties’ behalf, they can help them negotiate a solution that is in everyone’s best interests. Once these agreements have been reached, they are formalized in an official mediation agreement, which is a binding legal contract.

Are Divorce Mediation Agreements Legally Binding? 

Once a couple signs a mediation agreement, it becomes a legally binding contract that both parties are obligated to follow. This means that if one party fails to comply with the terms of an agreement, they could face legal repercussions, including an enforcement action in court. It’s important, however, to remember that for a divorce mediation agreement to be binding, it has to fulfill certain requirements. It must, for instance, be in writing, be signed by both parties, and be notarized. Both parties must also have had the chance to review the agreement before they sign it. Couples who miss any of these steps could end up with an agreement that can’t be enforced.

What are the Benefits of a Mediation Agreement? 

There are a lot of benefits of engaging in mediation rather than litigation. The binding nature of mediation agreements, for instance, ensures that divorcing couples keep their end of the bargain. It also gives both parties a sense of security, as they know that the decisions they reach will be respected and can be enforced. These contracts also provide a clear roadmap, so that both individuals know their rights and responsibilities once their divorce is finalized. This type of clarity can also reduce conflict and misunderstandings down the road. Another benefit of divorce mediation proceedings is that they empower couples to make their own decisions in a way that best suits their unique circumstances. Couples who are unable to negotiate in this way will have to leave these important decisions in the hands of a judge, which can result in less than satisfactory outcomes for both individuals. Finally, binding mediation agreements expedite the divorce process, allowing couples to avoid a lengthy and time-consuming trial and resolve their divorces much more quickly.

Here to Help with Your Divorce Mediation 

Dedicated Florida divorce mediation lawyer Sandra Bonfiglio, P.A. is well-versed in the kinds of issues faced by divorcing couples. To learn more about how mediation could benefit your family, please call our office at 954-945-7591 today.

Sources: 

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

fljud13.org/Portals/0/Forms/pdfs/family/orderforfammed_082609.pdf