Lanham, MD asked in Divorce and Family Law for Maryland

Q: Does release of any & all claims in a divorce decree pertain to only Family Law, or would it include contract and tort?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: The specific provision containing the release would have to be reviewed, but generally, these releases are all-encompassing as of the date of the agreement containing the release, unless otherwise limited. Releases will not be construed to cover claims arising after the date of the release, but will still cover claims respecting matters that existed before the date of the release even though not known to the party or parties. If there was fraud, misrepresentation or concealment, that might give rise to an argument to avoid the release as to the subject of the fraud, but that is a very fact specific inquiry.

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