Settlement Agreements

Settlement Agreements Divorce In Maryland

I can assure you that the best, easiest and cheapest way to be divorced in Maryland is by entering into a settlement agreement. And so appreciate that once you enter into the agreement, the agreement will be binding, absent specific defenses which I will outline for you. And just to mention, even after you enter into the agreement, the agreement is still subject to modification by the court. The Court in a Maryland Divorce always retains continuing jurisdiction over the issues of custody, visitation and child support.

Agreement Content

The Settlement Agreement contains many boiler plate paragraphs. The most important paragraphs however focus on the list of issues to be resolved including custody, visitation, child support, use and possession, contribution , alimony, marital property , and counsel fees and suit money. I will tell you right now NEVER, NEVER, NEVER SIGN THE SETTLEMENT AGREEMENT BEFORE YOU HAVE AN ATTORNEY REVIEW. Maryland law is very unforgiving once you sign the agreement, absent some very specific exceptions, it is yours and you are bound by the terms. Maryland Law recognised the right parties have to make valid agreements

8-101. Deeds, agreements, and settlements valid

Deed or agreement
(a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
Settlement
(b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.

Attacking the Agreement

A settlement agreement is contractual in nature, to have legal validity such an agreement must possess the essential elements of any other contract. It is essential to the validity of a compromise and settlement that there be parties competent and authorized to contract in relation to the subject matter, or that their acts, if not authorized, be ratified.A definite meeting of the minds of the parties is required. It is immaterial that one party gets the best of the bargain or that the agreement does not settle the issues as the court might have settled them.

Causes of Action To Attack the Agreement:

fraud
duress
undue influence
mutual mistake of fact
abandonment of the contract
violation of public policy
lack of mental capacity
unilateral mistake
reconciliation
unconscionably

The Counter Attack

Ratification

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