Mutual releases in the property of the other spouse, while not precisely equal, may still constitute sufficient consideration for the contract. The law presumes that there is a special relationship of trust and confidence between spouses, so the possibilities of fraud and coercion will be more closely reviewed where a postnuptial contract has been made. An agreement that goes into effect at the time of separation or divorce is called a separation or property settlement agreement. It should be approved by the court to protect the parties. Missouri laws encourage couples to settle their problems this way by stating that the court is bound by their agreement if it is reasonable and fair.
Courts usually order what parents have agreed for their children, as well.
However, the court always has the power to ignore the parents' wishes concerning children and to make custody and support orders that are best for the children's welfare. Most attorneys recommend that a separation agreement cover all possible money, tax, property and child custody issues that could arise. If the couple is unable to agree on specific problems, these could be presented for the court to decide. Unless the agreement provides otherwise, it will become part of the court's official decree and will be enforceable and modifiable as a court judgment. A separation agreement is the legal way for a divorcing couple to avoid extended and expensive trials and to privately settle details of their ended marriage.