Divorce paperwork feels daunting, but notarization is one detail you cannot overlook. Florida courts will not finalize a divorce unless the Marital Settlement Agreement (MSA) bears properly notarized signatures from both spouses. Our Pensacola divorce lawyer James M. Burns guides clients through that requirement so the process stays on track.
Call Pensacola divorce lawyer James Burns at (850) 457-6002 for a free, same-day review of your Marital Settlement Agreement.
Meet Pensacola Family Law Attorney James M. Burns
I am James Burns, a board-certified family law attorney serving Northwest Florida. For more than a decade I have helped neighbors in Pensacola, Warrington, Brent, Ferry Pass, and beyond resolve divorces with dignity. Clients praise the personal attention they receive from the family law attorneys at the Law Office of James M. Burns. My office at 611 N New Warrington Road is minutes from NAS Pensacola and I-110, making in-person meetings easy for busy families.
“James and team are amazing. They are very responsive and knowledgeable. I was incredibly impressed with the exceptional estate planning expertise displayed by the Law Office of James Burns, effortlessly guiding me through our estate planning and protecting my family with thoughtful Asset Protection Strategies. With their extensive knowledge and Experienced Trust Attorney’s holistic approach, I felt comfortable leaving my Estate Planning in their capable hands.” – Smriti M.
What Is a Marital Settlement Agreement?
An MSA is a written contract that settles every divorce issue before a judge must rule. It typically covers property division, debt allocation, spousal support, child support, and a detailed parenting plan. A thorough agreement turns a contested divorce into an uncontested one and saves court time.
Why Florida Requires Notarization
Florida Family Law Rules of Procedure demand notarized signatures on all MSAs and financial affidavits. Notarization proves each spouse signed voluntarily, under oath, and with confirmed identity. Courts will reject an unsigned or un-notarized agreement, so notarization is not optional; it is mandatory.
Step-by-Step: Creating and Notarizing Your MSA
- Gather financial data. Spouses exchange sworn financial affidavits listing every asset, debt, income source, and expense.
- Negotiate fair terms. Parties decide how to divide property, calculate support, and share parenting time. Mediation or lawyer-to-lawyer discussions keep talks productive.
- Draft the agreement. We put each decision into clear language. The MSA must be specific so future disputes are unlikely.
- Review independently. Each spouse’s counsel, often another attorney at my firm or a trusted colleague, confirms the draft protects that spouse’s interests.
- Sign before a notary. Both parties sign in the notary’s presence. Florida caps notary fees at $10 per signature, and my office routinely provides the service at no extra cost.
- File with the court. We attach the notarized MSA to the petition so the judge can incorporate it into the Final Judgment of Dissolution of Marriage.
Benefits of a Notarized Agreement
A notarized MSA is easier to enforce, harder to attack, and faster to approve in court. Judges rely on the notary’s seal to confirm authenticity. Lenders, pension administrators, and title companies also accept notarized documents without question, which speeds property transfers after divorce.
Risks if You Skip Notarization
Un-notarized signatures invite challenges. A spouse could later claim forgery or coercion, forcing costly hearings. Courts may refuse to enter a Final Judgment, delaying relief and increasing tension. Re-signing later sometimes means renegotiating everything from scratch.
Common and Uncommon Issues Your MSA Should Address
Typical provisions
- Real estate – who keeps the marital home, who refinances, and when.
- Retirement accounts – 401(k) or IRA splits using Qualified Domestic Relations Orders.
- Vehicles and bank accounts – clear titles and timelines for transfer.
- Alimony – amount, duration, and whether future modification is allowed.
- Parenting plan – day-to-day schedule, holidays, decision-making, travel rules.
- Child support – guideline amount plus health insurance and extracurricular fees.
- Insurance and taxes – who carries life or health coverage and who claims deductions.
- Debts – allocation of credit cards, loans, and tax liabilities.
Less-common scenarios
- Reconciliation – agreement voids if spouses move back in together unless stated otherwise.
- Death or remarriage – automatic end of alimony unless the MSA says differently.
- Fraud or duress – rare grounds for setting the agreement aside.
- Cross-state signatures – out-of-state spouse signs before a local notary; Florida still accepts it.
- Merger vs. incorporation – incorporation lets the court enforce payments through contempt; merger converts the MSA to pure judgment language. I ensure incorporation for extra protection.
How the Agreement Becomes a Court Order in Escambia County
After a mandatory 20-day waiting period, we set a short final hearing or file an affidavit of uncontested matters. The judge reviews residency, child-related paperwork, and the notarized MSA. Once signed, the Final Judgment incorporates the agreement, dissolves the marriage, and makes every MSA term enforceable.
Enforcement and Modification After Divorce
A violated MSA allows the injured spouse to file a motion for contempt. Because the agreement was notarized and incorporated, the court can compel payments, transfer property, or award attorney’s fees. Only child support or alimony terms may be modified upon a substantial change in circumstances unless marked “non-modifiable.” Property division stays permanent.
Client Testimonials
“James expertise in developing effective advanced estate planning plans, particularly your guidance on private placement life insurance (PPLI) strategies, was invaluable. James expertly navigated us through even the most complex decisions concerning asset protection and estate tax planning.” – Tom K.
“James was incredibly patient with me. We initiated the paperwork to start the formulation of the Trust. Yet immediately following our meeting, I experienced numerous personal along with work issues that kept me from completing the process for nearly two months.” – Edd S.
About Attorney James M. Burns
James Burns is a lifelong Pensacola resident and board-certified family law specialist. He focuses exclusively on Florida divorce, custody, and support matters, earning a reputation for compassionate, results-driven advocacy. When you hire Pensacola divorce lawyer James Burns, you receive direct access to counsel instead of being passed to staff.
Contact Our Office Today
Questions about whether your Marital Settlement Agreement needs to be notarized? Call (850) 457-6002 or visit our office at 611 N New Warrington Rd, Suite 2, Pensacola, FL 32506. The divorce attorneys at the Law Office of James M. Burns offer same-day consultations, personalized guidance, and in-house notarization so you can move forward with confidence.