The days and weeks that immediately follow the breakup of your marriage can be an incredibly trying time. You may feel hurt, confused, angry, frightened, overwhelmed, betrayed and a host of other emotions. You’ve experienced a great trauma, and like anyone living through that kind of pain, you may not be at your best in terms of decision-making. That includes making decisions like signing a marital settlement agreement. This is just one reason among the many why it pays to have a skilled Maryland divorce attorney on your side. You can trust your attorney to handle your legal affairs while you concentrate on managing your life.
Even if you’ve not heeded that advice, have made a bad decision by signing a bad settlement agreement without consulting an attorney, and later come to conclude that were taken advantage of, you still may have options. As one recent case illustrated, depending on just how extremely one-sided your marital settlement agreement was, you may be able to get it invalidated as ‘unconscionable’ under Maryland law.
In the recent case, the husband, G., and the wife, J., were married for six years when they separated in early 2015. Only a few days after the pair parted ways, the husband gave the wife a proposed marital settlement agreement, which the husband’s attorney had drafted. The agreement gave the husband the marital home, two rental properties, two cars, two motorcycles and all of the retirement accounts. The wife got a one-time payment of $7,000. Additionally, the agreement stated that the wife forever waived her right ever to pursue an alimony claim, either rehabilitative or permanent.