June 21, 2019
If you and your current spouse are preparing to seek an uncontested divorce, it means that you are both in agreement on all of the major issues that are involved in the divorce, like property, child support, child custody and alimony. To cement and formalize your agreement, you can create a marital settlement agreement or marital separation agreement.
Marital Settlement Agreements in Maryland
Like many states, Maryland prefers that couples going through a divorce take time to reach a voluntary agreement about what will occur to custody and shared property in the aftermath. It’s important to understand that the state of Maryland still reserves the ability to modify agreements if they deem them to be inappropriate. For example, if the court believes that the agreement the parents reached is not in the best interest of their mutual children, they could make a different decision despite your agreement with your spouse.
What Can a Separation Agreement Include?
Because separation agreements are created by both spouses, they can include provisions that are outside of what the court could ordinarily order. Before including any clause in your agreement, you should work with a lawyer to ensure you truly want it present. Once it is in the order, it is technically enforceable by court order.
In most marital separation agreements, each spouse will come to an agreement on matters including alimony, property rights, support and personal rights. Different provisions within the marital separation agreement can include health insurance, life insurance, custody, visitation, alimony, child support, shared debts, pets, cars, household items, retirement benefits, bank accounts, investments, business interests and even legal fees. Because these agreements can be so all-encompassing, you should always work with a lawyer to ensure you are not taken advantage of.
Why Is a Separation Agreement a Good Idea?
These agreements are a great way to save the costs associated with formal litigation and instead work together to resolve outstanding issues. A marital separation agreement will set guidelines for resolving future disputes, formally outline the details of ending your relationship and allow each part to set clear boundaries. The best marital settlement agreements are true win-win situations.
Help with Separation and Marital Settlement Agreements from Alan L. Billian, P.A.
At Alan L. Billian, P.A., we are dedicated to offering every client personal attention and utilizing our years of experience to tackle unique legal challenges. Our team always aims to support each client and minimize the emotional burden and stress, even during intense family law cases. To learn more about our services and tell us more about your legal issues, please contact us today for a complimentary email, phone or 30-minute office consultation.