The state of Kentucky has recognized that it can be beneficial for couples to work toward an amicable divorce. Therefore, as per Kentucky statutes, couples can create an out-of-court separation agreement. This agreement can cover spousal support, property division and, if there are any children, child custody, visitation and child support.
The terms of the agreement -- except for the provisions relating to the children -- are binding upon the court, unless the court determines that the agreement is unconscionable. The court may reach this conclusion after examining each spouse's financial circumstances and other relevant information. If the court deems the agreement to be unconscionable, the spouses will have to either revise the agreement or the court itself will make decisions regarding property division and spousal support.
If the court accepts the separation agreement, the terms of the agreement will be included in the divorce decree verbatim or by reference. The agreement can then be enforced by the same remedies under which a judgment could be enforced.
Reaching an amicable separation agreement can be a noble goal. If couples are able to set their negative emotions aside for the purpose of focusing on the logistics of the divorce, they may be able to come to a fair solution. This is especially important during the property division process, when couples will have to determine who gets what. In addition, by coming to an agreement outside of court, couples have more of a say in the final provisions in the divorce, rather than leaving it all up to a judge. Couples should take these considerations into account when going through the divorce process so that they can make the decisions that best protect their interests.