Legal Question in Family Law in Maryland

Re: Are separation papers binding

It is very difficult to rescind a signed separation agreement which, by law, is a contract.

Since you were represented, it may be even more difficult. However, if you feel that the agreement is ambiguous,

inequitable, or that you were not adequately represented or advised, then you may have a basis for certain aspects of the agreement

to be rendered unenforceable. But you must understand that there is a presumption that you were knowledgeable of what you signed inasmuch as you

were advised and otherwise competent and capable. Changing lawyers has nothing to do with whether the agreement itself is enforceable. You provide no facts as to the matter in dispute and accordingly little else can be said.

You indicate that the previous papers (i.e., the separation agreement) had been filed and I assume that this filing was for a consent decree. If you consented to this filing then you have even more of a burden to modify, change, or avoid the agreement unless your estranged spouse agrees otherwise.

Re: Are separation papers binding

The fact that you have decided after signing the agreement that you made a mistake, or that you're unhappy with the legal representation you received, are not grounds for disregarding the contract. If the agreement is clear as written and you signed it freely and voluntarily, it will be enforced as part of any subsequent divorce proceeding. Of course, if your soon to be ex is willing to renegotiate and change the agreement, that can always be done.