You’ve spent weeks or months negotiating, and you’ve finally reached an agreement on every issue. You shake hands and feel a sense of relief. But what makes that handshake agreement an official, legally enforceable order?

A simple verbal agreement is not enough. To be legally binding in Ohio, your settlement must go through a formal process:

1. It Must Be in Writing: All terms of your agreement must be written down in a formal legal document, most commonly called a "Separation Agreement." This document should be incredibly detailed, leaving no room for future misinterpretation.

2. It Must Be Signed: Both you and your spouse must voluntarily sign the written Separation Agreement, and your signatures typically need to be notarized. This signifies that you have both read, understood, and agreed to all of its terms.

3. It Must Be Incorporated into a Final Decree of Divorce or Dissolution (in most cases): This is the final, critical step. The signed Separation Agreement is submitted to the court. A judge reviews it and, upon approval, incorporates it into the Final Decree of Divorce or Dissolution.

Once the judge signs that Final Decree with your agreement attached, your settlement is no longer just a contract between you and your spouse—it is a legally binding Order of the Court. This means it is enforceable by the court, just like any other order, and can only be modified under specific legal circumstances. This process is why having an experienced attorney draft your final agreement is so crucial.

Understanding your options is the first step toward a more peaceful resolution. To learn the specific strategies for settling your case out of court, download our free guide: The Path to Peace: A Guide to Settling Your High-Asset Divorce Out of Court.