When a couple decides to separate prior to divorce, they may decide to enter into a marital settlement agreement, also known as a separation agreement. There are many misconceptions surrounding separation agreements that can lead to confusion or poor decision-making. Let’s debunk some common myths about separation agreements.
Myth 1: A Separation Agreement Is the Same as a Divorce
Many people believe that a separation agreement is equivalent to a divorce. In reality, a separation agreement is a legally binding contract between two parties that outlines the terms of their separation. This agreement can cover various aspects such as property division, child custody, and spousal support. However, it does not dissolve the marriage. A divorce is a separate legal process that formally ends the marriage.
Myth 2: You Don’t Need a Lawyer to Create a Separation Agreement
While it’s possible to draft a separation agreement without a lawyer, it’s not advisable. Separation agreements involve complex legal issues, and any mistakes or oversights can have long-lasting consequences. A lawyer can ensure that the agreement is fair, legally sound, and addresses all necessary issues, protecting your rights and interests.
Myth 3: The Court Must Approve the Separation Agreement
A common misconception is that a separation agreement must be approved by a court to be valid. In most cases, as long as both parties have voluntarily signed the agreement and it complies with legal standards, it is legally binding without court approval. However, if one party later challenges the agreement, a court may review it to ensure fairness and adherence to legal requirements.
Myth 4: Separation Agreements Are Set in Stone
Some people believe that once a separation agreement is signed, it can never be changed. This isn’t true. While the agreement is legally binding, it can be modified if both parties agree to the changes. In some cases, a court may also alter the agreement if there is a significant change in circumstances, such as a change in income or living arrangements.
Myth 5: Verbal Agreements Are Just as Good as Written Ones
Relying on verbal agreements during a separation is risky. Verbal agreements are difficult to prove in court and may not be enforceable. A written separation agreement, on the other hand, provides clear documentation of each party’s rights and obligations, reducing the likelihood of disputes and misunderstandings in the future.
Separation agreements are powerful tools that help couples navigate the complexities of ending a relationship. By understanding the realities and dispelling the myths surrounding these agreements, you can make informed decisions that protect your interests and pave the way for a smoother transition. Always consider seeking legal advice to ensure that your separation agreement is comprehensive, fair, and legally binding. Contact Jacobson Family Law at 443-741-1147 to discuss your situation in detail with an experienced Maryland Divorce Attorney, or book your appointment online.
