I have received a ‘tentative’ separation agreement from my wife’s lawyer. At one point it states the following: “Non-Incorporation in Divorce Decree. By their execution of this Agreement, the parties stipulate and agree that this Agreement shall not be incorporated in and made part of final Judgement of Divorce.” Does this mean that upon divorce a new agreement will need to be worked out?
No. This means that the separation agreement will not be included in the absolute divorce judgment and it would remain valid and in full force and effect as a contract between the parties, even after entry of an absolute divorce.
A separation agreement can be incorporated into an absolute divorce judgment, which means the separation agreement (i.e. a contract) is transformed into a court order and is no longer a contract.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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