Can you interpret this paragraph


#1

Still so confused. I am going to insert a paragraph from the divorce agreement. Can you interpret what they mean…

  1.                     Non-Incorporation of Agreement; Subsequent Divorce.  Nothing herin contained shall be deemed either of the parties from maintaining a suite for absolute divorce aginst the other based on the ground of speration as provided by law; however, the rights and obligations hereunder shall survive any such divorce, regardless of who obtains or petitions for said divorce. The parties further agree that this Agreement will not be incorporated, by reference or other use, in an final judgment of divorce, that this Agreement and the terms hereof will not be made generally know to the public, and that this Agreement will not be recorded in the Wake County Register of Deeds of Wake County or any other county in this State.  The parties agree that this seperation agreement may not be incorproate into a court judgement or order. 
    

Wow…what does that mean in plain English???


#2

The paragraph allows either party to sue the other for divorce, and allows for the agreement to remain valid after entry of a divorce. It prevents either party from including the agreement in the divorce decree, which would make the agreement a court order rather than a contract. The language also acts to prevent the document from begin made part of the public record by recording the same or disclosing its terms.


#3

So if this agreement is not Court Ordered…How is it enforceable? The only person that has a copy of this agreement is the ex wife, the ex husband and the law firm that wrote the agreement. There is not a copy with the county or state.

Thank you in advance for your time!!!


#4

It is a contract which is fully enforceable by the courts. In the event one party is not abiding by the terms of the agreement the other may sue for breach of contract and the court will enforce the agreement.