Posted by Nydia Streets of Streets Law in Florida Divorce
When parties in a Florida divorce enter a settlement agreement, that agreement is subject to the same laws concerning other contracts. Generally, in order for a contract to be formed, there must be an offer, an acceptance and what is called consideration. In the case Romaine v. Romaine, 5D18-2521 (Fla. 5th DCA October 18, 2019), an issue arose as to the enforcement of a marital settlement agreement purportedly entered between the parties.
The parties were apparently involved in a contentious divorce proceeding. Ultimately, however, they negotiated an agreement. The former husband emailed the terms of the agreement to the former wife and she made handwritten changes to the agreement, signed it, and sent it to the former husband. Thereafter, the former wife attempted to obtain financial disclosure from the former husband. The former husband objected and moved to pause the proceedings on the grounds that the parties had entered an agreement resolving all of the issues in the case. The trial court ultimately entered a final judgment of divorce, finding the settlement agreement between the parties was enforceable without the former wife’s handwritten changes because those changes did not materially alter the terms of the contract. The former wife then appealed.
On appeal, the final judgment was set aside and it was determined no contract had been entered. The appellate court reasoned “A marital settlement agreement is subject to the law of contracts. [. . .] It is well-established that an acceptance must be a ‘mirror image’ of the offer in all material respects. If the offeree's acceptance does not mirror the offeror's proposal as to all essential terms, it is a counteroffer that rejects the original offer. We find that Former Wife's handwritten alterations to the marital settlement agreement changed the essential terms of Former Husband's proposal, particularly as to child support and alimony. Therefore, Former Wife's response was not an acceptance but rather a counteroffer that Former Husband never accepted. Consequently, there was no meeting of the minds to form a binding contract, and the trial court erred when it found otherwise. Accordingly, we reverse the final judgment and remand for further proceedings.” (internal citations omitted).
Entry of a Florida marital settlement agreement requires careful consideration. Schedule a consultation with a Miami divorce lawyer to go over the best way to move forward in your case.