To promote agreeable settlement of disputes between parties to a marriage or parental relationship attendant upon their separation or upon the filing of a petition for dissolution of marriage, legal separation or declaration of invalidity, the parties shall attempt to enter into a written separation agreement, utilizing Peacemaker/Mediation Services, containing provisions for disposition of any property owned by either of them, maintenance of either of them, and the parenting plan and support for their children.
(A) The terms of the separation agreement, except for those terms providing for a parenting plan for the children, shall be binding upon the Tribal Court unless it 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 Tribal Court, that the separation agreement is unfair.
(B) Child support may be included in the separation agreement and shall be reviewed in any subsequent proceeding as to its reasonableness consistent with Article VII of this chapter.
(C) If the Tribal Court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties back to the Peacemaker Mediation Forum and submit a revised separation agreement or may make orders for the disposition of property or maintenance.
(D) If the Tribal Court finds that the separation agreement is not unfair as to disposition of property or maintenance, and that it is reasonable as to the parenting plan and child support, the separation 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 the terms.
(E) Terms of the agreement set forth or incorporated by reference in the decree or declaration shall be enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms.
(F) Except for terms concerning the maintenance of either party or the parenting plan and support for their children, entry of the decree or declaration shall thereafter preclude the modification of the terms of the decree or declaration, and the property settlement, if any, set forth or incorporated by reference therein.