Postnuptial agreement

[Mommabear86]

What is the name of your state (only U.S. law)?
I live in KY and my husband and I wrote out a visitation and support agreement on paper, both signed and two people witnessed, is this a legally binding document?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
I live in KY and my husband and I wrote out a visitation and support agreement on paper, both signed and two people witnessed, is this a legally binding document?

Not unless you submit it to the court for a judge's signature.

 

[ecmst12]

If this was an "if we ever split up" agreement, it wouldn't be binding unless you were each represented by a separate attorney for it. If it's an actual separation agreement, then it has to be submitted and approved by the court.

 

[tranquility]

In this case, I agree with mistoffolees. (With the exception that it is not submission which would make the difference, but a judge's order.)

For Kentucky (emphasis mine):

403.180 Separation agreement -- Court may find unconscionable.
(1) To promote amicable settlement of disputes between parties to a marriage attendant
upon their separation or the dissolution of their marriage, the parties may enter into
a written separation agreement containing provisions for maintenance of either of
them, disposition of any property owned by either of them, and custody, support and
visitation of their children.
(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the
separation agreement, except those providing for the custody, support, and visitation
of children, are binding upon the court unless it finds, after considering the
economic circumstances of the parties and any other relevant evidence produced by
the parties, on their own motion or on request of the court, that the separation
agreement is unconscionable.
(3) If the court finds the separation agreement unconscionable, it may request the
parties to submit a revised separation agreement or may make orders for the
disposition of property, support, and maintenance.
(4) If the court finds that the separation agreement is not unconscionable as to support,
maintenance, and property:
(a) Unless the separation agreement provides to the contrary, its terms shall be set
forth verbatim or incorporated by reference in the decree of dissolution or
legal separation and the parties shall be ordered to perform them; or
(b) If the separation agreement provides that its terms shall not be set forth in the
decree, the decree shall identify the separation agreement and state that the
court has found the terms not unconscionable.
(5) Terms of the agreement set forth in the decree are enforceable by all remedies
available for enforcement of a judgment, including contempt, and are enforceable as
contract terms.
(6) Except for terms concerning the support, custody, or visitation of children, the
decree may expressly preclude or limit modification of terms if the separation
agreement so provides. Otherwise, terms of a separation agreement are
automatically modified by modification of the decree.
History: Created 1972 Ky. Acts ch. 182, sec. 8.