In Maryland, there is no legal status known as “legal separation.” Couples are either married or divorced. However, separation agreements can be reached if couples decide to live separately pending divorce. They may decide to execute what is known as a separation agreement, an asset transaction agreement, or a marital transaction agreement. These concepts refer to the same thing: an enforceable and legally binding contract between spouses for matters such as custody and visitation of children, child support, maintenance of spouses, health and life insurance, division of property and more. Child support – If the divorce agreement is translated into the judgment, the court changes the assistance up or down if a change in circumstances warrants a change. However, if the agreement survives the judgment of the court, the default modification of the circumstances upwards in the event of an unforeseen/unexpected change in circumstances justifies an increase in the aid. Unfortunately, a request for a change of support is more difficult to prove. Separation agreements in Maryland can be oral or written, but to be enforceable, they must be certified in writing, signed, and notarized. If you and your spouse are able to resolve all your issues in the separation agreement, it can make the divorce process less controversial and reduce the total cost. If you divorce, the separation agreement may be included in your divorce decree. If you decide not to divorce, your separation agreement may remain in effect as a contract. If you reconcile before the divorce, you and your spouse can revoke the separation agreement by mutual agreement. The days and weeks directly following the breakup of your wedding can be an incredibly tiring time.

You may feel hurt, confused, angry, scared, overwhelmed, betrayed, and feel a host of other emotions. You`ve experienced great trauma, and like anyone going through this kind of pain, you may not be at your best in terms of decision-making. It also involves making decisions such as signing a marital transaction agreement. This is just one of the reasons why it`s worth having an experienced Maryland divorce lawyer by your side. You can count on your lawyer to settle your legal affairs while focusing on managing your life. Right of Recourse – The other party may continue to bring a contract law action to enforce the contractual obligation or to obtain and recover a monetary judgment on the amount due. However, this only applies if the agreement extends the process as a separate contract, even if the court changes the judgment. How does this type of fraudulent argument work? A recent case in Montgomery County is a good example. K.P. and W.P. were spouses who separated in 2012.

In September 2016, the spouse`s lawyer devised a “comprehensive settlement agreement that resolves all the problems arising from the marriage.” The woman signed it at the law firm. She then asked the husband to meet her later the same day at a bank. Finally, the couple drew up a conjugal agreement and this agreement was included in the couple`s 2013 divorce decision. In the agreement, both spouses acknowledged that the husband would take exclusive ownership of the Bowie residence and that he would be solely responsible for mortgage payments as well as all insurance and taxes. . . .