Although a marital settlement agreement can be beneficial, in some cases, couples may wish to set aside a Maryland marital settlement agreement or to modify its terms.
What is a Marital Settlement Agreement in Montgomery County, Maryland and Prince George’s County, Maryland?
Also known as a property settlement agreement or a marital separation agreement, a “marital settlement agreement” is a written contract that divides your and your spouse’s property, explains each spouse’s rights, and resolves important issues such as alimony and custody. By creating a marital settlement agreement, couples can save time and money in the event of a divorce by eliminating the need to litigate these pertinent matters. Common examples of topics covered in a marital settlement agreement include:
- Child support payments
- Spousal maintenance
- Property division
- Division of debts
- Health insurance
- Disposition of the marital home
- Pension plans
- Tax issues
- Future dispute settlement
A Maryland marital settlement agreement can be created before or after filing for divorce. There is no requirement that the parties live separate and apart, and in fact, may couples still live together during the drafting and negotiation of a marital settlement agreement. The Maryland marital settlement agreement does not need to be filed with the court in order to be a valid contract.
Why You May Want to Set Aside a Maryland Marital Settlement Agreement in Prince George’s County, Maryland and Montgomery County, Maryland
There are several ways to set aside a Maryland marital settlement agreement completely or to modify its terms.
First, an individual can set aside a MD marital settlement agreement if one of the parties can show that the agreement was unconscionable or obtained by fraud, duress, or undue influence.
Second, a couple can set aside a marital settlement agreement by entering into a subsequent agreement in writing.
Third, if the couple begins living together again, the court will use that as evidence of an intention to revoke the agreement (although living together does not automatically revoke a marital settlement agreement).
Finally, the following terms of a marital settlement agreement can be modified by the court:
- Terms relating to the care, custody, education, or support of a minor child if the modification is in the child’s best interest
- Terms covering spousal support or alimony (only if there isn’t an express waiver or a provision that exempts the terms from court modification)
When You Want to Set Aside a Maryland Marital Settlement Agreement Obtain Representation for Your Montgomery County, Maryland and Prince George’s County, Maryland Divorce
At the Law Office of LaSheena M. Williams, LLC, we understand the importance of the terms within a marital settlement agreement and the serious long-term impact it has on our clients and their families. If you wish to set aside a MD marital settlement agreement because the agreement was unconscionable or for any other reason, our experienced Maryland family law firm can help ensure that your interests are protected.
Our firm zealously represents clients throughout Rockville, Bethesda, Gaithersburg, Silver Spring, Takoma Park, Chevy Chase, College Park, Cheverly, Greenbelt, Oxon Hill, Hyattsville, Upper Marlboro, Largo, Bowie, and surrounding communities. Call us today at (301)778-9950, or send us an online request for a consultation.