Section 7.6 Full Disclosure

• Library: Family Law Deskbook and 2014 Supp

C. (§7.6) Full Disclosure

A party signing a separation agreement must do so with full knowledge of the marital estate. Only with “full disclosure” of the marital estate will the parties be able to make meaningful decisions regarding settlement of the estate. In re Marriage of Lewis, 808 S.W.2d 919, 923 (Mo. App. S.D. 1991); McMullin v. McMullin, 926 S.W.2d 108, 111 (Mo. App. E.D. 1996).

Most clients understand the concept of nonmarital property, including items brought into the marriage by one of the parties. Yet most clients do not understand concepts such as:

transmutation of marital property;

quasi-marital property;

increases in the value of nonmarital property; or

the division of funds subject to a qualified domestic relations order.

The extent of disclosure required is determined by the...