Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed
Note: This summary is not intended to be an all inclusive
discussion of the law of separation agreements in New Mexico, but does
include basic and other provisions.
General Summary:
Separation Agreements are valid if free from fraud or coercion and not directly condusive to procurement of
divorce. Court may incorporate Agreement into decree of divorce or
annulment. Agreements, whether or not incorporated into decree, are
enforceable under statute to the same extent as court order. Except
for provisions regarding child support, visitation or custody, private
agreements are not subject to court modification in absence of any provisions
to the contrary.
Statutes:
Pennsylvania Statutes
TITLE 23
DOMESTIC RELATIONS
Effect of agreement between parties:
(a) Enforcement. - A party to an agreement regarding matters within
the jurisdiction of the court under this part, whether or not the agreement
has been merged or incorporated into the decree, may utilize a remedy or
sanction set forth in this part to enforce the agreement to the same extent
as though the agreement had been an order of the court except as provided
to the contrary in the agreement.
(b) Certain provisions subject to modification. - A provision of
an agreement regarding child support, visitation or custody shall be subject
to modification by the court upon a showing of changed circumstances.
(c) Certain provisions not subject to modification. - In the absence
of a specific provision to the contrary appearing in the agreement, a provision
regarding the disposition of existing property rights and interests between
the parties, alimony, alimony pendente lite, counsel fees or expenses shall
not be subject to modification by the court. § 3105.
Case Law:
Parties to a divorce action may bargain between themselves and structure
their agreement as best serves their interests, Brown v. Hall, 495
Pa. 635, 435 A.2d 859 (1981). They have no power, however, to bargain away
the rights of their children. Their right to bargain for themselves is
their own business. They cannot in that process set a standard that will
leave their children short. Nicholson v. Combs, 550 Pa. 23
(1997) 703 A.2d 407.