Voluntary Separation and Property Settlement Agreement

When family law matters are left up to the judge’s discretion, you have no power in deciding the ultimate result. However, a voluntary separation and property settlement agreement gives all the power back to you. Entering into a separation agreement allows you and your spouse the opportunity to decide what is in the best interest of your family with regards to custody, property distribution, alimony, etc.

A voluntary separation and property settlement agreement can be a global or a limited agreement. A global agreement means that the parties have reached an agreement regarding all issues between them including custody, visitation, child support, property distribution, alimony, etc. When a global agreement is reached, there is nothing left for the court to decide.

A limited agreement means that some but not all of the issues have been resolved by the parties. For example, the parties may be able to agree on physical and legal custody of their minor child, child support, and alimony, but cannot reach a decision on what to do with their marital property. In the case of a limited agreement, the Court will hold a hearing limited only to the issues that the parties were unable to resolve (so in this case, marital property).

If you are considering entering into a separation agreement, it’s in your best interest to seek the advice of an experienced attorney before signing on the dotted line. Additionally, if you are dealing with a custody / child support matter only, our experienced and knowledgeable Maryland voluntary separation lawyer may be able to help you prepare and negotiate a similar agreement between you and the child’s other parent called a Consent Custody Order.