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Sample Maryland Marital Separation
SEPARATION AGREEMENT
THIS SEPARATION AGREEMENT (the “Agreement”) dated this _____________of _____________, 20___.
BETWEEN:
________________
______________, _____________,
in the State of Maryland, _____________
-and-
________________
______________, _____________,
in the State of Maryland, _____________
- ________________ and ________________ (collectively the ‘Parties’ and individually a ‘Party’) were lawfully married on ______________ _________, ____________________, in ______________, Maryland. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
- The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
- The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
- The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
- The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.
BACKGROUND:
IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
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LIVING SEPARATE AND APART
- The Parties have lived separate and apart since ________________________________. Neither Party will attend the other’s living space or work without invitation or approval.
- There is one child of the marriage, namely:
Name:
Date of Birth:
____________________
_____________ _____________, ____________________
- The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child’s best interests. ________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
- The Parties agree that the child will primarily reside with ________________.
- The Parties also agree that ________________ will have the following visitation time with the child:
- Regular visitation schedule:
______________________________________________ - Vacation visitation schedule:
______________________________________________
- Regular visitation schedule:
- ________________ will pay child support in the amount of $_________ monthly to ________________. Child support payments will commence on ____________ and will be paid on the _____ day of each and every month.
- ________________ will pay a total of $_____________ monthly to ________________ for the child’s uninsured health care costs, child care costs, and other additional costs, such as __________________________. Child support payments for these expenses will commence on _______________________ and will be paid on the _____ day of each and every month.
- The Parties agree that each will provide the other copies of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
- ________________ will maintain health insurances, including medical and dental coverage, for the benefit of ____________________.
- Subject to the laws of Maryland, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents.
- Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
- The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
- The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
- Neither Party will incur any further debt or liability on the other Party’s credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
- The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
- This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
- Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
- The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
- In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
- Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
- This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
- The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
- The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
- This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
- If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
- This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
- The laws of the State of Maryland will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
CHILDREN
CHILD CUSTODY
CHILD SUPPORT
SPOUSAL MAINTENANCE
ASSETS
DEBTS
GENERAL PROVISIONS
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.
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ACKNOWLEDGMENT
THE STATE OF MARYLAND
COUNTY OF____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________, 20___.
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ACKNOWLEDGMENT
THE STATE OF MARYLAND
COUNTY OF____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________,20___.
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CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF MARYLAND
COUNTY OF____________________
I, _______________________________, of the City of ___________________________, in the State of Maryland, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of _________________, in the State of Maryland this ___day of _________, 20___.
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I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.
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CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF MARYLAND
COUNTY OF____________________
I, _______________________________, of the City of _________________________, in the State of Maryland, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of __________________, in the State of Maryland this ___day of _________, 20___.
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I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
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Is Marital Settlement Agreement the one last Hail Mary?
It works until it doesn’t. If yours started as the dream marriage but, it is now getting sour, and you don’t want to cause any more hurt, then you should consider a Marital Settlement Agreement (MSA), the last Hail Mary ensuring that you can still see eye to eye, even after a divorce. Marital Settlement Agreement Maryland also goes by Property Settlement Agreement. It is the written contract that settles your problems around custody and alimony by dividing your property and spelling out your rights.
The best part about the Maryland Marital Settlement Agreement is that it may be drawn before or even after you file for a divorce, and even when you and your spouse still live together.
In the initial stages when you execute a marital separation agreement, you do not have to file the separation agreement in court for the separation to be effective.
The Maryland Marital Separation Agreement/ the Property Separation Agreement covers visitation, child support payments as applicable in the Maryland Law, spousal maintenance as applicable under Maryland Laws, the division of debts, property division, health insurance, pension plans, tax issues, disposition of the marital home, and any future dispute settlements.
When do you need a Marital Settlement Agreement?
Unfortunately, most people filing the marital settlement agreement eventually file for a divorce. And, having the Marital Settlement Agreement in Maryland will simplify your divorce proceedings and pleadings making the process clear. With the agreement, it is clear that you have, before the court, an uncontested divorce.
You need a marital settlement agreement to provide for the future governance of your relationship. The agreement will also offer the court evidence of the day of your separation. So, this agreement clears doubts about the details of the coming to an end of your marital relationship. It is preferable to have the agreement in writing.
When don’t you require a Marital Settlement Agreement?
In case you don’t have any marital property, joint debts, or children, then, you do not need a marital separation agreement for you to get a no-fault divorce.
Filing a Marital Settlement Agreement in Maryland
Initially, you do not have to file the agreement in a Maryland court for it to be effective. But, in the typical separation agreement or the stipulation of the settlement resolving a divorce, it should state whether or not - the agreement will survive the judgement of a divorce as a separate contract, or if it should be merged/ incorporated in the judgement of the divorce, allowing for a modification similar to a court order.
The Big Question
When it does not matter – if it doesn’t matter, your decision will not affect custody and visitation as the issues can be modified until your child reaches the age of 18. This decision doesn’t affect the distribution of property as well.
When it matters significantly – three things are addressed:
Child Support – if the agreement on the divorce merges into the judgment, the court modifies the support upward or downward if a change in circumstance warrants modification. But, if the agreement survives the court’s judgment, the standard upward modification in an unforeseen/ unanticipated change of circumstances will warrant an increase in support. Unfortunately, a request for a downward modification in support is harder to prove.
Spousal Support / Maintenance – if you stipulate in advance in your divorce agreement that the agreement be merged into the judgment of divorce, the court can, later on, modify the duration plus the amount in maintenance if circumstances presented warrant raising or lowering of the amount. But, if the divorce agreement survives the judgment, then the court is unable to modify the contract.
Right to Sue – The other party can still sue under contract law to enforce the contractual obligation or to obtain a money judgment for the owed amount and to collect it. But, this only applies if the agreement survives the process as a separate contract, even if the court modifies the judgment.
For How Long Are You Bound by the Marital Settlement Agreement?
The separation agreement is a legal document that binds you through years. It will determine your obligations, rights, and responsibilities from your marriage. If you and your spouse consent to any changes, you can amend the agreement.
Understanding the difference between contested and uncontested divorces
The contested divorces are the divorces in which the respondents dispute the issues with the case including the divorce, property division, alimony, and child custody, among others.
On the other hand, uncontested divorces, which can be consent or default divorces are the ones which all parties agree on all the major issues, and the respondent fails to appear to contest the divorce or issues in it respectively.
Note that, legal separation through the Marital Separation Agreement in Maryland renders your divorce an uncontested divorce.
How should you decide?
We cannot decide for you but keep in mind that some cases will take years in court others won’t last a day!
Fill out above form to get a custom marital separation agreement for you.
Whether you live in Baltimore, Columbia, Germantown, Silver Spring, Waldorf, Ellicott City, Glen Burnie, Frederick, Gaithersburg, Rockville or any other city of Maryland, you can use our legal forms easily.
Sample
MD Marital Separation Agreement
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