Printable Format23-2712. Separation agreement. (a) If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The provisions of the agreement on all matters settled by it shall be confirmed in the decree except that any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with all other provisions of this article.
(b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor children, shall not be subject to subsequent modification by the court except: (1) As prescribed by the agreement; or (2) as subsequently consented to by the parties.
History: L. 2011, ch. 26, ยง 7; July 1.
Source or Prior Law:
60-1610(b)(3).
CASE ANNOTATIONS
1. An agreement to pay maintenance that was not incorporated into the decree of divorce is subject to modification. In re Marriage of Gerleman, 56 Kan. App. 2d 578, 435 P.3d 552 (2018).
2. When a matter has been settled by a mediation agreement and incorporated into the divorce decree, a court generally cannot modify that order unless the parties consent or the agreement permits modification, but the interpretation of a journal entry approving a settlement agreement is a question of law over which the court of appeals exercises unlimited review. In re Marriage of Doud & Modrcin, 59 Kan. App. 2d 244, 480 P.3d 800 (2020).