25-317. Separation agreement; effect
A. To promote amicable settlement of disputes between parties to a marriage
attendant on their separation or the dissolution of their marriage, the parties may enter
into a written separation agreement containing provisions for disposition of any property
owned by either of them, maintenance of either of them, and support, custody and
parenting time of their children. A separation agreement may provide that its
maintenance terms shall not be modified.
B. In a proceeding for dissolution of marriage or for legal separation, the terms
of the separation agreement, except those providing for the support, custody and
parenting time of children, are binding on 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
unfair.
C. If the court finds the separation agreement unfair as to disposition of property
or maintenance, it may request the parties to submit a revised separation agreement or
may make orders for the disposition of property or maintenance.
D. If the court finds that the separation agreement is not unfair as to disposition
of property or maintenance and that it is reasonable as to support, custody and parenting
time of children, the separation agreement shall be set forth or incorporated by
reference in the decree of dissolution or legal separation and the parties shall be
ordered to perform them. If the separation agreement provides that its terms shall not
be set forth in the decree, the decree shall identify the separation agreement as
incorporated by reference and state that the court has found the terms as to property
disposition and maintenance not unfair and the terms as to support, custody and parenting
time of children reasonable.
E. Terms of the agreement set forth or incorporated by reference in the decree are
enforceable by all remedies available for enforcement of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party and the support,
custody or parenting time of children, entry of the decree shall thereafter preclude the
modification of the terms of the decree and the property settlement agreement, if any,
set forth or incorporated by reference.
G. Notwithstanding subsection F, entry of a decree that sets forth or incorporates
by reference a separation agreement that provides that its maintenance terms shall not be
modified prevents the court from exercising jurisdiction to modify the decree and the
separation agreement regarding maintenance, including a decree entered before July 20,
1996.
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