Legal Question in Family Law in Massachusetts
I am writing up a separation agreement and I would like to know how I should answer the following section; which option do I select?
SUBMISSION OF AGREEMENT TO COURT
The Husband and Wife each agree that this Separation Agreement shall be submitted to the Hampshire Division of the Probate and Family Court for a judge's approval of the terms and entry of a Judgment of Divorce. The parties further agree that the terms and provisions of this Separation Agreement shall be: (Choose one of the following)
incorporated and merged into the Judgment of Divorce Nisi of the Court.
incorporated, but not merged, into the Court's judgment, and shall survive
and remain as an independent contract, except for the terms and provisions
relating to the care, custody, support and education of the minor child[ren],
(attach Schedule A) which terms and provisions shall merge in said
Judgment.
incorporated, but not merged, into the Judgment of Divorce Nisi, and shall
remain as an independent contract between the parties.
1 Answer from Attorneys
You should not be treating your separation agreement like a multiple choice. The terms you are referring to have to do with whether the agreement you are submitting to the court will merge into the judgment of divorce or remain an independent contract in part or in whole. This can affect the ease with which either party will be able to modify all or part of the agreement later. You need to seek legal advice regarding what each of those legal terms means and how they might impact your particular situation. You will have to live with this agreement for a very long time. I recommend that you seek legal advice if you do not understand what you are signing.
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