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A Pre-Nuptial Agreement is a contract negotiated and signed by a couple prior to their marriage. It is recommended that a couple have a Pre-Nuptial Agreement in situations where one or both have children from prior marriages and/or one party has substantially more assets than the other.
A Separation Agreement is a permanent contract between spouses, negotiated with assistance of independent counsel, which resolves all issues related to the dissolution of the marriage.
When possible, it is beneficial for the parties in a divorce to come to a fair agreement resolving issues of support, property, custody, visitation, and use of the home.
Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.
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