Section 4.25 Breach—Enforcement; Statute of Limitations

• Library: Family Law Deskbook and 2014 Supp

C. (§4.25) Breach—Enforcement; Statute of Limitations

It appears that the issue of validity should first be determined by the trial court before submitting the cause for enforcement or breach. See State ex rel. Rope v. Borron, 762 S.W.2d 427 (Mo. App. W.D. 1988) (in an action to discover assets filed
in probate court, the issue of validity was to be determined by a judge in equity, while the claim for damages was for the jury). If an agreement has affirmative obligations, it is not well-settled how the matter of damages for breach of contract should be pleaded if presented in a dissolution action. But it would seem apparent that the party suing for breach of contract must plead and prove all necessary elements for that cause of action, including performance of any of the party’s own contractual obligations. Reed v. Rope, 817 S.W.2d 503, 510 (Mo. App. W.D. 1991).

Missouri cases do not provide specific guidance in determining when a breach of an antenuptial agreement is material. But Missouri courts have held that the normal rules of contract construction apply to marital settlement agreements. Wood v. Wood, 2 S.W.3d 134, 138 (Mo. App. S.D...