Download as PDF
403.180 Separation agreement -- Court may find unconscionable.
(1)
(2)
(3)
(4)
(5)
(6)
To promote amicable settlement of disputes between parties to a marriage
attendant upon their separation or the dissolution of their marriage, the parties
may enter into a written separation agreement containing provisions for
maintenance of either of them, disposition of any property owned by either of
them, and custody, support and visitation of their children.
In a proceeding for dissolution of marriage or for legal separation, the terms of
the separation agreement, except those providing for the custody, support, and
visitation of children, are binding upon 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 unconscionable.
If the court finds the separation agreement unconscionable, it may request the
parties to submit a revised separation agreement or may make orders for the
disposition of property, support, and maintenance.
If the court finds that the separation agreement is not unconscionable as to
support, maintenance, and property:
(a) Unless the separation agreement provides to the contrary, its terms shall
be set forth verbatim or incorporated by reference in the decree of
dissolution or legal separation and the parties shall be ordered to perform
them; or
(b) If the separation agreement provides that its terms shall not be set forth in
the decree, the decree shall identify the separation agreement and state
that the court has found the terms not unconscionable.
Terms of the agreement set forth in the decree are enforceable by all remedies
available for enforcement of a judgment, including contempt, and are
enforceable as contract terms.
Except for terms concerning the support, custody, or visitation of children, the
decree may expressly preclude or limit modification of terms if the separation
agreement so provides. Otherwise, terms of a separation agreement are
automatically modified by modification of the decree.
History: Created 1972 Ky. Acts ch. 182, sec. 8.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
