1.27.090 Separation Agreement; Effect

(a) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties shall enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and visitation of their children.

(b) In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody and visitation of children, are binding upon the parties unless the Court 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 unfair.

(c) Upon review, if the Court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance. In separating marital property, the Court shall assign each spouse's sole and separate property to him/her. It shall also divide the Community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For purposes of this section only, property acquired by either spouse outside the Community shall be deemed to be community property if said property would have been community property if acquired in this Community. Nothing in this section shall present the Court from considering excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

(d) If the Court finds that the separation agreement is not unfair the court shall enter the document in to the record and upon final disposition order the parties to abide by the agreement. Section