Section 7.8 Decretal or Contractual

• Library: Family Law Deskbook and 2014 Supp

E. (§7.8) Decretal or Contractual

As discussed in §7.1 above, separation agreements are “contracts plus” in that they must be approved by the court—i.e., found to be “not unconscionable.” Wakili v. Wakili, 918 S.W.2d 332, 338 (Mo. App. W.D. 1996). Once approved, the contract will be binding on the parties. Most separation agreements are also incorporated into the court’s judgment. Once incorporated, the contract becomes a court judgment. This is relevant for enforcement purposes because, once incorporated into the judgment, a separation agreement may be enforced as any other judgment. Section 452.325.5, RSMo 2000.

Section 452.325.4 allows the parties...