Section 26.19 Effect of Agreement Between Parties and Types of Maintenance

• Library: Family Law Deskbook and 2014 Supp

B. (§26.19) Effect of Agreement Between Parties and Types of Maintenance

Section 452.325, RSMo 2000, encourages the parties to enter into a written separation agreement providing for maintenance, custody, support, visitation, and disposition of property. Section 452.325.2 establishes that the terms of the separation agreement, except those terms providing for custody, support, and visitation of the children are binding on the court unless the court finds that, after considering the economic circumstances of the parties and other relevant evidence produced by the parties, that the separation agreement is unconscionable. Section 452.325.4(1) and (2) (emphasis added) states:

(1) Unless the separation agreement provides to the contrary, its terms shall be set forth in the decree . . . 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...