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:
| Name: | Date of Birth: |
| ____________________ | _____________ _____________, ____________________ |
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.
SIGNED by ________________
In the presence of:
SIGNED by ________________
In the presence of:
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___.
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___.
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___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.
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___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
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.
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.
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.
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.
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.
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.
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.
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.
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 Marital Separation Agreement
Sample Marital Separation Agreement
MD Marital Separation Agreement
Personalize your Separation Agreement template.
Print or download in minutes.
