Marital Settlement Agreements In Maryland

A Marital Settlement Agreement is a contract between two spouses which addresses legal issues stemming from the marriage. Marital Settlement Agreements are generally prepared in anticipation of divorce and resolve all issues arising out of the marriage, including alimony, marital property, custody of minor children and other issues. Marital Settlement Agreements are sometimes referred to as “Separation Agreements” or other similar titles but perform the same function of memorializing an agreement between spouses as to their marital rights.

When spouses look to be divorced from one another, the divorce process can proceed in either a contested or uncontested fashion. If the divorce is proceeding in an uncontested fashion, a Marital Settlement Agreement will be necessary to properly reflect the agreement between the parties as to the terms of the divorce. Marital Settlement Agreements are frequently, but not always, prepared before either party files for divorce. Once the written Agreement is signed by both parties, either party may file for divorce on grounds of mutual consent. This is generally a much quicker and more efficient way to become divorced as opposed to litigating a divorce in a contested fashion.

In some situations, parties may enter into a Marital Settlement Agreement while their divorce case is already pending. This may occur when the parties did not agree on the terms of the divorce when they originally filed but subsequently reach an agreement through mediation or other discussions. Regardless of whether the Marital Settlement Agreement was signed before either party filed for divorce or during the divorce case itself, a signed Marital Settlement Agreement is equally as effective and provides grounds for an uncontested divorce.

When entering into a Marital Settlement Agreement, it is strongly advised – but not required – that each party have independent counsel to represent them. An experienced family law attorney can not only prepare the Marital Settlement Agreement itself but can also advise their client on the legal significance of the language contained in the Agreement. By having a well-drafted Marital Settlement Agreement, each party can fully understand the meaning of their Agreement and help to reduce any further conflict between the parties.

Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience drafting Marital Settlement Agreements and representing clients throughout the negotiation process. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.