Legal Question in Family Law in Missouri

Can terms being written into a divorce over ride the law statutes

Is it legal for a divorce decree to have this statement in it ? Regardless of the state law, these parties agree to these terms. Does this mean that no matter what the state law says concerning the issue at hand, is it impossible to go to court and have a modification of an agreement,according to the state law?


Asked on 8/23/01, 10:33 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Can terms being written into a divorce over ride the law statutes

I have been practicing law for twenty-three years in the state of Missouri, and I have handled hundreds of divorce cases in that time. I have drafted and reviewed hundreds of Separation Agreements, and I have never seen one that included the phrase ". . . regardless of state law". In order to give you any legal advice about your Separation Agreement, an attorney would have to review the document itself of course. However, generally speaking, it is possible for two people to enter into an agreement that does not exactly track the stautory language on any given subject. In fact, it is quite common for two people to agree not to exercise joint legal custody of their children evn though Missouri law includes a presumption that joint legal custody is best for the children.It is clear that any contract to do something illegal is unenforceable as against public policy.Again, in order to get good legal advice, you should have your agreement reviewed by attorney. If you are not already represented by legal counsel, you may call me for a free consultation at 314-727-2822. Thank you.

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Answered on 8/27/01, 11:57 pm


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