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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