Legal Question in Family Law in Maryland

Seperation Agreement

My husband has left me and my children after 15 years of marriage. We made up a seperation agreement ourselves, and we both signed it. He is now trying to tell me it is not a binding agreement because it is not notarized, is this true, and how much would it cost me to have a lawyer take a look at it. Thank you


Asked on 4/25/00, 12:40 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Seperation Agreement

The separation agreement is binding without being notarized, unless he can prove that it is not his signature. It would be money well spent to have an attorney look at the agreement, before you seek to enforce it, to make sure that it is one you want to enforce. I can't tell you what the charge for looking at the agreement and advising you would be, as attorney fees vary based on a lot of considerations, including the part of the state in which they practice, the attorney's expertise and experience, and the complexity of the issues dealt with in the document. A more important financial issue would be the possible costs involved in going to court to enforce the agreement and the costs of NOT enforcing the agreement. I would suggest that if your husband tries to evade the terms of your agreement he might end up having to pay your resulting attorney fees and court costs. I hope this matter can be settled to your satisfaction by educating your husband regarding contract law, without the need to go to court.

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Answered on 6/06/00, 11:27 am

Re: Seperation Agreement

A separation agreement in Maryland does not have to be notarized, so long as each party signed the agreement and neither was forced to sign, or was taken unfair advantage. I would be more than happy to review your Maryland agreement for $35.00.

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Answered on 6/05/00, 4:55 pm


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