452.325. Separation agreements authorized, effect of--orders for disposition of property, when--terms of agreement, how enforced. - Missouri Statutes

Separation agreements authorized, effect of--orders for disposition ofproperty, when--terms of agreement, how enforced.

452.325. 1. To promote the amicable settlement of disputesbetween the parties to a marriage attendant upon their separationor the dissolution of their marriage, the parties may enter intoa written separation agreement containing provisions for themaintenance of either of them, the disposition of any propertyowned by either of them, and the custody, support and visitationof their children.

2. In a proceeding for dissolution of marriage or for legalseparation, the terms of the separation agreement, except termsproviding for the custody, support, and visitation of children,are binding upon the court unless it finds, after considering theeconomic circumstances of the parties and any other relevantevidence produced by the parties, on their own motion or onrequest of the court, that the separation agreement isunconscionable.

3. If the court finds the separation agreementunconscionable, the court may request the parties to submit arevised separation agreement or the court may make orders for thedisposition of property, support, and maintenance in accordancewith the provisions of sections 452.330, 452.335 and 452.340.

4. If the court finds that the separation agreement is notunconscionable as to support, maintenance, and property:

(1) Unless the separation agreement provides to thecontrary, its terms shall be set forth in the decree ofdissolution or legal separation and the parties shall be orderedto perform them; or

(2) If the separation agreement provides that its termsshall not be set forth in the decree, only those terms concerningchild support, custody and visitation shall be set forth in thedecree, and the decree shall state that the court has found theremaining terms not unconscionable.

5. Terms of the agreement set forth in the decree areenforceable by all remedies available for the enforcement of ajudgment, and the court may punish any party who willfullyviolates its decree to the same extent as is provided by law forcontempt of the court in any other suit or proceeding cognizableby the court.

6. Except for terms concerning the support, custody orvisitation of children, the decree may expressly preclude orlimit modification of terms set forth in the decree if theseparation agreement so provides.

(L. 1973 H.B. 315 § 6)

Effective 1-1-74

(1979) Purpose of statute to put to rest questions of overreaching and fraud in the settlement of property questions, does not require the trial court to make evidentiary examinations of the economic circumstances only after it is found that the separation agreement is unconscionable. Block v. Block (A.), 593 S.W.2d 584.

(1987) This section allows but does not require court to investigate and examine the economic circumstances of the parties to the divorce and other relevant factors in determining conscionability of the settlement agreements. Dow v. Dow, 732 S.W.2d 906 (Mo.banc).

(1989) Amendment to statute which changes the age on which the obligation to pay child support terminates is a change in condition which authorizes a modification of the judgment where father did not agree to anything beyond that required by law. (Mo.App.W.D.) Kocherov v. Kocherov, 775 S.W.2d 539.