Registry of Deeds- Separation Agreement


#1

Does the separation agreement have to be filed with the registry of deeds? I was going to bring it to the court hearing with the judgement- I have asked that the separation agreement be incorporated into the complain and judgement- is this correct?


#2

Separation agreements need not be recorded at the register of deeds, though some people do have short memorandums referring to the their agreements recorded for purposes of purchases real property and the like prior to an absolute divorce. Whether an agreement is recorded or not has nothing to do with its validity or enforceability.

Incorporation into a decree makes the Agreement enforceable as a court order.


#3

so then there is no need to take this agreement to court during the divorce hearing- right? Erin, thanks so much for all your help- this site is SO great!


#4

No, not unless you are incorporating the agreement into your divorce decree.