Florida law provides limited basis to set aside a marital settlement agreement. There are three categories to consider: (1) Before litigation began, (2) after litigation began and (3) after you are divorced. If the agreement was signed before lawyers were hired and before litigation began the test to set aside an agreement is whether the moving party had sufficient knowledge of the assets and debts of the other person. This type of agreement is not one done "at arms length" and therefore the agreement will be set aside if the terms were not reasonable. The theory is that you relied upon the other person's representations in making the agreement and there is the nature of trust and confidence in the other person. The test is one of reasonableness in your knowledge of the other person's assets and debts.

If the agreement was made after litigation where both sides have an attorney then reasonableness is not the test. The legal standard to set aside these types of agreement is whether there was fraud, misrepresentation or coercion. If yes to any of these, then the agreement can be set aside. Be cautious as the law allows you to make a bad bargain. Buyer's remorse will not save the day and you do not get 72 hours to rescind the contract as with consumer transactions. Once you sign the agreement you are stuck with it unless you can show fraud, misrepresentation or coercion.

If the agreement was incorporated into a final judgment of dissolution of marriage, you must proceed under Rule 1.540 to set the agreement aside. The Rule requires that you show mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, fraud or that the judgment is void or satisfied, released or discharged. Otherwise, you get the deal you bargained for, whether or not it is good or bad in hindsight.