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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118272
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Are you aware of any case law that supports a position that

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Are you aware of any case law that supports a position that a mediated settlement agreement that sits for many months without being approved by the Court has to be returned for mediation?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, there is no case law that speaks to the issue of the MSA not being signed off on by the court being invalid. In fact, Rule 12.740(f)(1) of the Florida Family Law Rules of Procedure provides in pertinent part that "if agreement is reached as to any matter or issue . . . the agreement shall be reduced to writing, signed by the parties and their counsel." (Emphasis added) If the agreement is not one that requires prior court approval, and this one was not, it is binding on the parties under rule 12.740(f)(2) "upon filing" with the court.

Thus, it does not need to be signed, only filed with the court to be binding. This is why you had 15 days to object to it once it was filed and after that it became binding.

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Customer: replied 4 years ago.

Thank you. One of the attorneys for the matter filed a motion asking the judge to approve the MSA - and it was denied. Is that to make it enforceable by the Court? So it is binding in the sense of being a contract between 2 parties but not enforceable until signed by the Judge - do I understand the status of the MSA correctly?

Thank you for your response.

Yes, it is enforceable as a binding contract when signed by the parties, but it cannot be enforced through a contempt of court motion unless signed as an order by the judge.
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