Kentucky Separation Agreement

Not quite. A separation agreement is a private contract between spouses. A legal separation is a court order, available in many but not all states, that formally recognizes the separation. In states that offer legal separation, a signed agreement is often submitted to the court so the judge can approve it and include its terms in the order.

A properly signed separation agreement is generally an enforceable contract, as long as both spouses entered it voluntarily, disclosed their finances honestly and the terms are not grossly unfair. Terms about children are different: a court can always review and change custody, parenting time and child support if needed to protect the children.

Some states require a separation agreement to be signed before a notary or witnesses to be enforceable, and many courts prefer it even where it is not required. This document includes an optional notary acknowledgment so you can satisfy that requirement if your state has one.

Often, yes. Many couples submit their separation agreement to the court during a divorce and ask the judge to incorporate its terms into the final judgment. You can state in the agreement that you intend it to be used that way. The court will still review the terms, especially anything involving children.

Every state has child support guidelines, usually based on each parent's income and the parenting schedule. Parents can agree on an amount, but if it differs from the guideline amount, a court may require an explanation or adjust it. It is a good idea to run your state's guideline calculation before choosing a number.

It depends on your state. In some states, getting back together and resuming married life automatically cancels the parts of the agreement that have not yet been carried out, whether or not you sign anything. Brief attempts to work things out may be treated differently. The agreement defers to your state's law on this point, and you can confirm in writing which terms, if any, should continue.

It is not required, but it is common, and it makes the agreement harder to challenge later. One lawyer cannot usually represent both spouses. The agreement records whether each spouse had independent legal advice or chose to proceed without it.

Yes. You can amend it at any time with a written document signed by both spouses, with the same formalities used for the original. Child-related terms can also be changed by a court if circumstances change significantly.