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Seperation Agreement: incorporate, merge or what?

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hn2704

Junior Member
What is the name of your state? VA
I'd like to have my MSA non-modifiable, especially on the spousal suport and property division provisions. Should I not incorporate the MSA into the final decree or incorporate but not merge? I heard the right way to do this is to incorporate but not merge and specifically state that "the terms are non-modifiable without the consent of the parties" in the provision that I do not want to be modified by the court.
Thank you very much in advance
 
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seniorjudge

Senior Member
hn2704 said:
What is the name of your state? VA
I'd like to have my MSA non-modifiable, especially on the spousal suport and property division provisions. Should I not incorporate the MSA into the final decree or incorporate but not merge? I heard the right way to do this is to incorporate but not merge and specifically state that "the terms are non-modifiable without the consent of the parties" in the provision that I do not want to be modified by the court.
Thank you very much in advance
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-107.3

...The court shall determine the amount of any such monetary award without regard to maintenance and support awarded for either party or support for the minor children of both parties and shall, after or at the time of such determination and upon motion of either party, consider whether an order for support and maintenance of a spouse or children shall be entered or, if previously entered, whether such order shall be modified or vacated....


I cannot find a statute number or case on it in Virginia, but it looks to me as if the judgment in the lawsuit just has to be clear on whether the support order is modifiable.

I doubt that any court would make a child support order non-modifiable; spousal support (alimony) may be a different story.

Of course, it doesn't make any difference what is on a piece of paper: an unhappy party can still file a motion to modify anything.

Whether such a motion is successful is something no one could tell you.
 

hn2704

Junior Member
But when a party file for a motion for a modification and the Agreement is un-incorporated, doesn't he or she just violate the Agreement and therefore breach the contract?
So what you are saying is that it doesn't make a difference if the Separation Agreement is incorporate or not in the Divorce Decree?
Thanks for the reply
 

seniorjudge

Senior Member
hn2704 said:
But when a party file for a motion for a modification and the Agreement is un-incorporated, doesn't he or she just violate the Agreement and therefore breach the contract?
So what you are saying is that it doesn't make a difference if the Separation Agreement is incorporate or not in the Divorce Decree?
Thanks for the reply
What I am saying it that I do not think it makes any difference if you have a separate agreement.

All that matters is that it is absolutely clear to all involved what the terms of the judgment are (whether the terms are incorporated or merged).
 

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