In a divorce proceeding, a prior oral separation agreement, put on the record, assented to by the parties under oath, and approved by the court does NOT control over a subsequent written separation agreement, signed by the parties, approved by the court, and filed with the clerk. An unambiguous written separation agreement incorporated into a journal entry and decree of divorce controls over a prior oral separation agreement placed on the record.
http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2013/20130816/107046.pdf
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Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
