Have Received a Tentative Separation Agreement-Questions

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.