Maryland Separation Agreement
Are you considering signing a separation agreement in the state of Maryland? Separation agreements serve as an agreement for two people to live separately and outlines many key issues that can include child support, custody, division of property, alimony and other key information. In this article, we’ll go over what a separation agreement must include, what it does and doesn’t cover, and how to execute one in Maryland.
What is a Separation Agreement?
Spouses can come to an agreement on important issues related to their divorce with the help of an attorney or mediator through a marital separation agreement. A separation agreement is generally made and notarized before the filing for divorce. It typically covers matters including the following:
- Property and debt division
- Child custody
- Child support
- Health insurance
- Marital homes and other real property
With a settlement agreement, you and your spouse can come to an agreement over the matters before you even file for divorce. This agreement is legally binding and should be considered a written contract.
If one of the parties violates the agreement, a lawsuit for breach of contract may be filed. It may also be revoked if the spouses reconcile and live together again or if a second agreement is put into writing.
How Do I Execute a Marital Settlement Agreement?
As for the execution of the marital settlement agreement, you do not have to file it with the court for it take effect. The agreement should state whether the agreement will survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce.
Keep in mind that the court may modify the agreement with respect to minor child custody, care, custody or education as well as for alimony or spousal support. The court cannot modify a provision of the agreement related to alimony or spousal support if the agreement includes an express waiver of alimony or spousal support or a provision that states provisions regarding alimony or spousal support are not subject to court modification.
Though it is possible to execute a martial settlement agreement without the assistance of a licensed attorney, it isn’t advisable. Don’t leave your future up to chance. Get in touch with Akman & Associates, LLC., to discuss if a marital settlement agreement is right for your situation.