When couples decide to end their marriage, emotions can run high, and so can promises. “We’ll split everything 50/50,” or “You can keep the house as long as you take on the debt” – these kinds of verbal agreements may seem binding at the moment, but in Mississippi divorce proceedings, they carry little to no legal weight. 

At Gregory D. Keenum PA, with over 49 years of experience serving our community, we’ve seen countless clients assume that a verbal promise will hold up in court – only to be disappointed when it doesn’t.

The Legal Standard: Written and Court-Approved

Mississippi law requires all marital agreements covering property division, spousal support, and child custody to be in writing and approved by a court for them to be legally binding. According to Mississippi Code §93-5-2(3), any agreement regarding alimony and property rights must be included in a divorce judgment and be in written form, signed by both parties. This statutory requirement exists to ensure clarity, prevent fraud, and protect both parties’ legal rights.

Verbal agreements, even if they are witnessed or recorded, usually cannot replace this formal process. Without a written document submitted to the court, judges do not have a reliable way to confirm the terms or enforce them later on.

Why Courts Reject Oral Promises

The Mississippi courts prioritize finality, fairness, and due process in divorce cases. The Supreme Court of Mississippi emphasized this in Parker v. Parker (846 So. 2d 1021, Miss. Ct. App., 2003). The court ruled that oral agreements regarding property division in divorce cases are unenforceable because they do not meet statutory formalities. This is because allowing such agreements could undermine the integrity of the judicial process and lead to disputes about what was actually agreed upon.

In addition, memories can fade, perspectives can shift, and motivations can change, especially during emotionally charged situations, such as divorce. A judge cannot fairly decide a case based solely on one person’s recollection of a conversation that took place months or years ago. The law requires objective evidence rather than subjective testimony.

Exceptions Are Extremely Rare

While Mississippi law is strict, there are some exceptions, such as partial performance or promissory estoppel, but these are very difficult to prove and rarely successful in family law cases. For example, if one spouse relies on a verbal promise that causes them significant harm (e.g., selling assets or quitting a job based on promises), a court may consider equitable relief. However, as noted in Hammers v. Hammers (890 So. 2d 945, Miss. Ct. App. 2004), such claims face significant challenges without written evidence.

In practice, Mississippi family courts follow the principle that anything not in writing and not approved by the court does not count.

The Risk of “He Said, She Said” and Shifting Memories

Even if both parties initially agree on the terms of a divorce, memories can fade and circumstances can change. What seemed fair during the emotional turmoil of separation may seem unfair months later. When presented with conflicting testimony about a verbal agreement, a divorce court faces an impossible task. 

Without a written contract, the court can only rely on “he said, she said” scenarios, which are difficult to resolve. To ensure clarity, prevent future disputes, and protect your rights, it is essential to have every term of the agreement documented and approved by a court.

Protecting Your Rights: What You Should Do

If you and your partner reach an agreement during the process of separation or divorce, it is important to put it in writing to ensure clarity and protect your rights. 

Draft a detailed marital settlement agreement that clearly outlines the terms of the agreement. Have it reviewed by a lawyer to ensure that the language is clear and enforceable. Once you have agreed on the terms, file the agreement with the court so that it can be incorporated into the final divorce decree. This will make the agreement legally binding and ensure that both parties are protected.

Protect Your Future with Experienced Legal Guidance

A verbal agreement may seem like a good idea, but in the Mississippi divorce court system, it is not enough. The law requires formal documents to protect both parties and ensure that the agreement can be enforced. It is important not to risk your future on a promise that might not hold up when the time comes.

If you’re considering or going through a divorce, contact Gregory D. Keenum, PA. With decades of experience and a deep commitment to our clients, we’re here to help you achieve a fair and lasting resolution, both in court and on paper.