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(a) Provisions of Separation Agreement. To promote amicable settlement of disputes between parties to a marriage or parental relationship upon their separation or upon the filing of a petition for dissolution of marriage, legal separation or declaration of invalidity, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance and support of either of them, and the custody and support of their children.

(b) Effect of Terms. The terms of the separation agreement shall be binding upon the Tribal Court unless it finds, after considering all of the relevant evidence produced by the parties, that the agreement is unfair. Child support may be included in the separation agreement and shall be reviewed in any subsequent proceeding as to its reasonableness consistent with Chapter 13.35 YTC.

(c) Fairness. If the Tribal Court finds the separation agreement unfair as to disposition of property, support, or custody, it may request that the parties submit a revised separation agreement or may make orders for the disposition of property, support, or custody.

(d) Incorporation by Reference. If the Tribal Court finds that the terms of the separation agreement are fair, the agreement shall be set forth or incorporated by reference in the decree of dissolution, legal separation, or declaration of invalidity and the parties shall be ordered to comply with its terms.

(e) Enforcement. Terms of the agreement set forth or incorporated by reference in an order of the Court shall be enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms. [Ord. 50 § 4.4, adopted, 3/23/2017.]