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![]() ![]() For example, child custody, child support and child visitation schedules won’t apply once minor children that the couple had turn 18 years old. If only one person wants to cancel the agreement or simply decides not to abide by the terms, the contract will remain valid.Īll or parts of a marital settlement agreement may become irrelevant at certain points. Both people will need to agree before a settlement agreement can be revoked or declared no longer valid. ![]() Some partners may also opt to keep the marital settlement agreement apart from the divorce decree, so that the arrangement can be enforced all by itself if necessary.Ī marital settlement agreement will remain valid even if spouses decide not to get divorced or opt to separate for a certain time period. This can help to decrease the attorney and court costs for both parties. The agreement may even be written into the divorce if couples choose to do so. Without proper documentation or witnesses, any claims that one party makes could be dismissed as hearsay. Verifying verbal agreements can be more difficult to confirm. Written agreements can be proven rather quickly, if necessary. They don’t need those issues to be determined by a judge in a court of law.Īt this time, the state of Maryland allows for verbal and written marital separation agreements. They already know how their marital and non-marital assets will be separated, who will have legal and physical custody of their children, how any alimony will be paid and child custody and visitation schedules. In an uncontested divorce, both parties have consented to the dissolution of the marriage. There should be no confusion or ambiguous language.Ĭouples who already have this type of arrangement may find it easier to obtain an uncontested divorce. Everything will be spelled out in plain language in the agreement. Partners won’t be spending valuable hours arguing over who gets which items. What are the Benefits of Having a Marital Settlement Agreement?Īlthough a marital settlement agreement isn’t mandatory, it can simplify the divorce process. If the agreement is not written, signed and notarized, it may not be enforceable. ![]() The document should also be notarized by an official notary. It’s not uncommon for a marital settlement agreement to be revised multiple times. The judge will evaluate the document to determine if the arrangements are reasonable and to ensure that one party doesn’t have an unfair advantage over the other.īoth parties should read the agreement thoroughly before signing. Each person should have a copy and extra copies can be made for the divorce proceedings. A child visitation schedule may be attached with this paperwork as well. A couple will still need to have their divorce granted by a judge in a court of law before the marriage can be officially ended.Ĭhild custody, child support and alimony or spousal support may be included in the agreement. ![]() These documents won’t end a relationship or a marriage. Marital settlement agreements are not the same as a separation or divorce. All essential items should be included in the agreement. It specifies how money, property and other assets will be divided once a divorce has been granted. A marital settlement agreement is a legally binding contract. ![]()
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