Marital Domestic Separation and Property Settlement Agreement Adult Children Parties May have Joint Property or Debts effective Immediately
Note: This summary is not intended to be an all-inclusive
discussion of the law of separation agreements in Missouri, but does include
basic and other provisions.
General Summary: In Missouri, it is the policy of the
courts to promote amicable settlement of disputes between parties to a
marriage attendant upon their separation or the dissolution of their marriage.
The parties may 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, parenting, and parental contact with their
children.
In a subsequent proceeding for dissolution of marriage or for legal
separation, the terms of the separation agreement, except those providing
for the support, parenting, and parental contact with children, are binding
upon the 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 court, that the separation agreement
is unconscionable.
Statutes:
Missouri Revised Statutes
Chapter 452
Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Separation agreements authorized, effect of--orders for disposition
of property, when--terms of agreement, how enforced:
1. To promote the amicable settlement of disputes between
the parties to a marriage attendant upon their separation or the dissolution
of their marriage, the parties may enter into a written separation agreement
containing provisions for the maintenance of either of them, the disposition
of any property owned by either of them, and the custody, support and visitation
of their children.
2. In a proceeding for dissolution of marriage or for legal separation,
the terms of the separation agreement, except terms providing for the custody,
support, and visitation of children, are binding upon the 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 court, that the separation agreement is unconscionable.
3. If the court finds the separation agreement unconscionable,
the court may request the parties to submit a revised separation agreement
or the court may make orders for the disposition of property, support,
and maintenance in accordance with the provisions of sections 452.330,
452.335 and 452.340.
4. If the court finds that the separation agreement is not unconscionable
as to support, maintenance, and property:
(1) Unless the separation agreement provides to the contrary,
its terms shall be set forth in the decree of dissolution or legal separation
and the parties shall be ordered to perform them; or
(2) If the separation agreement provides that its terms shall not
be set forth in the decree, only those terms concerning child support,
custody and visitation shall be set forth in the decree, and the decree
shall state that the court has found the remaining terms not unconscionable.
5. Terms of the agreement set forth in the decree are enforceable by
all remedies available for the enforcement of a judgment, and the court
may punish any party who willfully violates its decree to the same extent
as is provided by law for contempt of the court in any other suit or proceeding
cognizable by the court.
6. Except for terms concerning the support, custody or visitation
of children, the decree may expressly preclude or limit modification of
terms set forth in the decree if the separation agreement so provides.
Section 452.325
Case Law:
A husband and wife, in contemplation of a dissolution, may validly
contract between themselves regarding the settlement of property rights
emanating from the marital
relationship. Muhlhauser v. Muhlhauser, 754 S.W.2d 2, 4[2]
(Mo.App. 1988)
The normal rules of contract construction apply to marital settlement
agreements. The cardinal rule in the interpretation of a contract
is to determine the intention of the parties and to give effect to that
intention. Where there is no ambiguity in the contract the intention of
the parties is to be determined from the contract alone. Where a
contract is not clear it is construed as it is understood and acted upon
by the parties.
Griffin Contracting Co., Inc. v. Hawkeye-Security Ins. Co.,
867 S.W.2d 602, 604 (Mo.App. 1993)
