USA – MISSOURI Law and Practice Contributed by: Aaron Bundy, Bundy
factors (Section 452.330 of the Revised Statutes of Missouri). The statute provides a list of factors for the court to consider: • the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable peri ‑ ods to the spouse with custody of any children; • the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; • the value of the non-marital property set apart to each spouse; • the conduct of the parties during the marriage; and • custodial arrangements for minor children. Spouses are entitled to perform liberal discovery in divorce and legal separation proceedings to ascertain the nature and value of assets and debts. Discovery may include enforceable requests to third parties for the production of information. Missouri courts are vested with broad discretion in administering the rules of discovery. Assets are valued as of the date of trial. Missouri family courts recognise trusts. The name on the trust does not necessarily impact the classifica ‑ tion of the property in the trust. Property in a trust in one spouse’s name can be marital property subject to division in divorce. 2.4 Spousal Maintenance Trial courts have broad discretion when dealing with maintenance requests. Owing to this discretion, there may be variations and differences between courts based on the individual worldview and philosophy of each individual judge. During a divorce proceeding, before the case is finalised, either party may request temporary maintenance pending the final outcome. Maintenance requests are gender-neutral and courts have guidance for assessing maintenance claims from a number of statutory factors in Section 452.335 of the Revised Statutes of Missouri. 2.5 Prenuptial and Postnuptial Agreements Missouri recognises both prenuptial agreements and postnuptial agreements. The state’s public policy does not oppose enforcing agreements regarding the
division of property made in contemplation of mar ‑ riage and in contemplation of the possible dissolu ‑ tion of the marriage. Both prenuptial and postnuptial agreements share the same standard, as they will not be enforced unless they are entered into “freely, fairly, knowingly, understandingly, and in good faith and with full disclosure” ( Ferry v Ferry , 586 SW 2d 782, 787 (Mo App 1979); Miles v Werle , 977 SW 2d 297, 301 (Mo App 1998)). Valid prenuptial agreements are enforceable and rou ‑ tinely upheld by Missouri courts. 2.6 Cohabitation: Division of Assets Between Unmarried Couples In the absence of a contractual arrangement between the parties, Missouri law does not provide for asset division between unmarried persons. Unmarried cohabitants do not acquire any property rights by vir ‑ tue of cohabitation for any period of time or by sharing children with one another. 2.7 Enforcement of Financial Orders When a party is non-compliant with a financial order, Missouri law offers a variety of enforcement and col ‑ lection options. Missouri has adopted the Uniform Interstate Family Support Act and provides for co- ordination with other jurisdictions for the enforcement and collection of support orders. 2.8 Media Access and Transparency in Financial Proceedings Generally, Missouri courts are open to the public. However, there are guidelines and limitations for family law cases. Missouri Supreme Court Operating Rule 16 prohibits a “blanket prohibition” of all media coverage by local rule and provides for media coverage of judi ‑ cial proceedings on a case-by-case basis if expressly authorised by the judge under specific conditions. 2.9 ADR in Financial Matters Missouri has strong policy favouring mediation of family law disputes. Missouri Supreme Court Rule 88.04 provides that the court may order mediation of any contested family law issue. The rule goes on to encourage circuits to adopt local rules to accommo ‑ date and provide procedures for the use of mediation. Attendance at court-ordered mediation is mandatory,
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