The incorporation of a Separation Agreement changes it from a contract to a Court Order, that means that the Agreement can be modified, this is generally not a desirable outcome. The simple reference to the Separation Agreement is not a violation of confidentiality, unless the Agreement itself has language the prohibits you from mentioning the fact that it exists. You just need to make it clear that you do not wish to incorporate the Separation Agreement into your divorce judgment.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
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quote:[i]Originally posted by dbill[/i]
[br]It appears that a typical divorce judgment for parties who have settled property issues states there are no actions pending re property or alimony as the parties have entered into a separation agreement and wish the document to be merged with the judgment.
I just completed my divorce and there was no mention of the separation agreement, only that there were not outstanding claims on property, support, etc.. (don't have the exact wording in front of me) and the document was not merged with the judgement.
Indeed, I don’t want it to be – I like to keep the courts out of as much of this as possible.
Hello. My wife and I have a separation agreement that includes, perhaps errantly, a no incorporation; confidentiality clause that precludes the agreement from being used in or referenced in any final judgment of divorce. It appears that a typical divorce judgment for parties who have settled property issues states there are no actions pending re property or alimony as the parties have entered into a separation agreement and wish the document to be merged with the judgment. May that language be altered to delete the reference to the separation agreement or should we consider amending the agreement to remove the confidentiality provision? Thanks.