Are Separation Agreements Legally Binding in Maryland?

Say you sign a separation agreement with your ex, but then one of you has second thoughts about the terms. Can a person just back out of an agreement and ask the court to have a trial on the issues? How binding are these agreements, really?

The short answer is … pretty darn binding.

In Maryland, parties are bound by a separation agreement so long as it isn’t unconscionable and wasn’t obtained by fraud, duress, or undue influence. [As an example - if one party held a gun to the other’s head and told them to sign - probably not enforceable.]

While this sometimes comes as a surprise to people, an agreement is binding from the moment it is signed, regardless of whether the court has become involved yet. In fact, if one party is not following an agreement, the other party may have grounds to pursue a civil action for breach of contract.

It’s also important to note that, while an agreement binds the parties, it does not completely bind the court. The court must still review the agreement to ensure that the provisions are valid, enforceable and in the children’s best interest (if children are involved). Once the court has reviewed an agreement, it is typically incorporated into a judgment, which makes it enforceable by contempt.

The key things to remember here are 1) it is always better to consult with an attorney before signing anything, 2) the balance of power for negotiation shifts considerably after an agreement has been signed, and 3) always keep a copy of any agreement you sign (you’d be surprised how often people don’t do this). If you need help with a separation agreement issue in Maryland and would like to discuss your options, Acorn Law is available to help.