Separation and Settlement Agreements

When possible, it is beneficial for the parties in a divorce case to come to a fair agreement resolving issues of support, property, custody, visitation, and use of the home.  Although the parties may reach binding agreements concerning their own rights, the court always retains the authority to protect the interests of minor children, and typically will independently re-examine the adequacy of child support if the parties depart from Maryland's statutory Child Support Guidelines.

The parties have an obligation to each other of fair dealing and disclosure in negotiating an agreement. Each should have the opportunity to obtain independent legal advice, and if the parties arrive at a separation agreement without such advice available to both, a court may consider that as evidence of unfairness if the agreement is later attacked.