Section 7.1 The Basics—A Statutory Contract

• Library: Family Law Deskbook and 2014 Supp

A. (§7.1) The Basics—A Statutory Contract

A separation agreement is a contract that divorcing spouses execute to settle issues inherent in the dissolution of their marriage. These agreements also control the terms of a legal separation. The term separation agreement, however, stems from the statute controlling these contracts:

452.325. 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...