2007-05-21 13:34:48 · 9 answers · asked by mori b 1 in Family & Relationships ➔ Marriage & Divorce
The correct answer is no they do not. A separation agreement is nothing more than a contract between the parties.
What the others may be thinking is that to have the agreement become a part of the divorce proceedings and to have it enforced by the court, then yes, it must be submitted along with the petition.
Most parties entering into a separation agreement do so for a variety of reasons, mostly to divide property, assets and to decide on a schedule for visitation and custody. If there are other issues, they can also be negotiated in the agreement.
However, such an agreement can be found to be voidable by the court if it attempts to waive one parties right to child support or dictate to whom the children will go if the parties die before the age of majority.
What may pass muster under contract law does not necessarily have the same force and effect in Family court jurisdiction.
2007-05-22 01:49:36 · answer #1 · answered by hexeliebe 6 · 0⤊ 0⤋
From the IRS website (www.irs.gov) Marital Status In general, your filing status depends on whether you are considered unmarried or married. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife. Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree. So you need to search your state laws to see if legal separation is the same as divorced for tax purposes. And if you haven't filed the agreement with a court, I will bet it is not legal, so you will not be able to file Single. Good luck.
2016-05-19 02:58:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes it has to be filed with the courts to be legal
2007-05-21 13:39:43 · answer #3 · answered by melinda d 2 · 0⤊ 0⤋
If you want to be legally protected for financial purposes or if you have children you need to file in the courts.
2007-05-21 14:22:17 · answer #4 · answered by AngelBleu 2 · 0⤊ 0⤋
If both parties sign the agreement in front of a notary and have it documented, then it is legally binding. You will probably find a notary at your county clerk's office or local banks.
2007-05-21 15:29:50 · answer #5 · answered by Trisha 4 · 0⤊ 0⤋
No they do not have to be filed with the courts.Once upon a time they did but not in today's courts.
2007-05-21 13:42:54 · answer #6 · answered by Teenie 7 · 0⤊ 0⤋
Yes they do.
2007-05-21 18:14:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
legally binding - yes...
2007-05-21 13:38:36 · answer #8 · answered by allrightythen 7 · 0⤊ 0⤋
YES
2007-05-21 13:38:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋