When you initially execute a marital separation agreement you usually do not have to file the separation agreement with the court to be effective.Back to top Why is a Marital settlement agreement important?The court will base its decision upon whether there is a change of circumstances that render it in the child's best interest to modify the custody and/or visitation provisions.
If, however, the agreement is merged and the judgment is modified then the payer cannot separately sue for enforcement of the contract.
Back to top Do the courts review the fairness of a Marital Property Settlement Agreement?
In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion.
When you initially execute your Marital Settlement Agreement you do not have to file the Agreement with the Court to be effective.
The typical separation agreement, or a stipulation of settlement resolving a divorce should state whether the agreement is to survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce thus allowing for modification similar to a court order. Where it Does Not Matter Your decision will have no effect on the issue of custody and visitation because these issues can be modified until a child reaches the age of 18.