What must occur for a separation agreement to be valid at the time of a divorce?

A separation agreement must be approved by the court to be valid at the time of a divorce because the court needs to ensure that the terms of the agreement are fair and reasonable, serving the best interests of both parties involved, especially if there are children affected by the separation. While parties can negotiate the terms of their separation agreement privately, judicial approval is essential for it to be enforceable during divorce proceedings.

The court’s review process includes examining the agreement for any potential coercion, unconscionable terms, or uncontemplated circumstances that may affect its fairness. Once the court approves the separation agreement, it has the legal effect of binding the parties to its terms, allowing for a smoother divorce process by having clear guidelines for division of assets, support, and custody, as applicable.

Although notarization and the presence of witnesses add a layer of authenticity to a document, they do not substitute for court approval. Similarly, agreements made prior to marriage may not address the needs that arise during marriage; thus, they do not provide the necessary legal standing in divorce proceedings without court validation.