Do I Have To File Marital Separation Agreement?
As with all legal documents during the divorce this agreement will need to be filed with the court or it will not be effective. The way in which the marital separation agreement is usually filed with the court is at the time of the filing of the complaint. Your divorce attorney will be able to advise you of the laws pertaining to the marital separation agreement in your state, however, in most cases, you will have to ask the agreement be merged but not incorporated into the final divorce decree.
Of course, whether you wish the agreement to be merged or incorporated is another decision you and your spouse will have to discuss. If the marital separation agreement is incorporated into the decree it will then be a legal court order and will be enforceable by the court. Either party breaking the terms of the marital separation agreement can be held in contempt of court.
If you do not have the agreement incorporated it will remain a contract between you and your ex-spouse. If the terms were not met, then another court action would have to occur to enforce the contract. Whichever one breaks the marital separation agreement could be liable for damages due to violating the agreement.
A divorce lawyer would be your best option to learn your rights before you write out the marital separation agreement as well as help protect your rights if a violation occurs after the divorce is final.