Marital Settlement Agreements and Divorce Orders

When you enter into a valid marital settlement agreement, the agreement becomes enforceable as a contract. When the agreement is then “incorporated but not merged” by a final order of divorce, the agreement becomes enforceable as a contact and as a court order. If the agreement is valid, with limited exceptions (such as challenge to terms related to children) even the court will not be able to ignore or change the terms of the agreement. As such, it is important to craft agreements carefully and consider each term before signing an agreement.