Separation Agreements

Maryland Separation Agreements

A separation agreement is a contract between a husband and wife who choose to live separately. These agreements are entirely voluntary, and can address matters such as alimony, child support, marital property division, and anything else the couple wants to include. Separation agreements may include provisions for a divorce after the required waiting period has passed. However, these agreements do not automatically lead to divorce.

At The Weisbaum Law Firm in Rockville, Maryland, I draft separation agreements reflecting the needs and wishes of the client. In my experience, these agreements are the preferred method for settling issues in advance of a divorce, especially those related to children and property. Parties can include custody decisions, access schedules and property division—who lives in the house, who gets which car, how assets will be divided, or in some instances shared. Separation agreements allow separating and divorcing parties to control the decision-making process and take the guesswork out of how they will move forward in their separate lives. If the parties are able to enter into a separation agreement to resolve the many issues that accompany a separation and divorce, they can minimize the emotional and economic disruption on themselves and their children as they move forward in their lives. For more information about Maryland separation agreements, contact me at The Weisbaum Law Firm for a free initial consultation.

Enforcement and modification of separation agreements in Maryland

When divorce follows a separation agreement and the details of the agreement are included in the final decree from the court, the details of the separation agreement are enforceable. They are also enforceable in the same way that any contract is enforceable if divorce does not follow the separation agreement but the parties do not dissolve the contract.

A Maryland court can modify any details of a separation agreement relating to the custody and support of minor children if such changes would be in the best interests of the child. And a court can invalidate an agreement as it can any contract if it can be shown that the agreement was made under duress or fraudulently.

Challenging a separation agreement

In addition to preparing separation agreements, my law firm helps parties who wish to challenge such agreements. Whether or not a specific part of the agreement can be changed depends on the language provided by the drafter of the original agreement. Every agreement is different, and should be reviewed by a lawyer periodically if it is not incorporated in a later divorce.

Avoid problems during divorce with a separation agreement

A separation agreement provides a method by which parties can make the decisions of how they will move forward in My Rockville law firm serves Maryland communities such as Rockville, Gaithersburg, Germantown, Bethesda, Potomac, Wheaton, Silver Spring, Chevy Chase, Laurel and Frederick. Contact me to learn how I can help you with an enforceable separation agreement.