Section 7.5 “Attendant Upon Their Separation”

LibraryFamily Law Deskbook and 2014 Supp

B. (§7.5) “Attendant Upon Their Separation”

Parties can enter a binding separation agreement even before they are physically living in separate homes, but it must have been done for the purpose of determining their rights and liabilities in their pending separation or dissolution. See In re Marriage of Bequette, 563 S.W.2d 528, 530–31 (Mo. App. E.D. 1978), which states:

It is the intent and purpose of the statute that agreements shall be enforced by the court where they represent arm’s length negotiations...

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