A Mississippi prenuptial agreement is a legal contract made between two people before they marry. It can be used to address issues such as child custody, child support, property distribution, and spousal support.
The purpose of the prenuptial agreement is to protect the interests of both parties in case a couple divorces. By discussing these matters prior to marriage, couples can avoid conflict later on when it's too late for one or both partners to make changes.
What Are the Terms Included in a Mississippi Prenuptial Agreement?
A Mississippi prenuptial agreement, or "prenup," is a contract signed before a marriage. It can include terms such as:
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Each spouse's right to property
The prenuptial agreement describes each spouse's right to property during marriage and after divorce. Property includes: money, real estate, stocks, bonds, cars and other personal property such as furniture and jewelry. The agreement also explains how debts will be divided between the spouses in case of divorce.
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Asset Division
You can also divide up your assets in a Mississippi prenuptial agreement. This includes liquid assets (cash) and non-liquid assets (such as real estate). The parties concerned will decide the distribution of these assets in advance.
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Gifts and inheritances
Gifts and inheritances are things that you bring into the marriage. If you received a gift from your parents or grandparents, it would be considered part of your separate property. But, if you have been gifted something by your spouse, it may be considered marital property.
If you give or receive a gift or inheritance during your marriage, it can be divided between you and your spouse in a prenuptial agreement.
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Alimony and Duration
Alimony is any money paid from one spouse to the other to help with expenses. It can be paid for a limited time or indefinitely. The duration of alimony is usually decided upon by the couple before they marry, and it could be for a specific amount of time, or it could be for life.
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Insurance Policies
If one spouse has an insurance policy that covers them in case of death, they may want their spouse to receive some of that money—and vice versa. A prenuptial agreement can specify how much money each person will get from an insurance policy if something happens to them or their partner dies unexpectedly before retirement age (typically age 65).
Conclusion
If you are looking for a prenuptial agreement in Mississippi, you should hire a lawyer from Contracts Counsel. We have an extensive background in drafting and reviewing prenuptial agreements and work hard to ensure they meet the state's requirements.
We specialize in providing quality legal services to clients throughout the state and strive to provide personal attention to each case so that our clients always feel like their needs are being met.
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Meet some of our Mississippi Prenuptial Agreement Lawyers
Alan B.
At Barker Law, we provide clients with expertise in contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.
July 24, 2023
Tameko P.
Greene Litigation Group, PLLC., specializes in Personal Injury, Criminal Defense, Contract Dispute, Wills & POAs, Irreconcilable Differences Divorce, Business Formation, Contract Drafting, and Landlord Tenant Law
April 2, 2024
William B.
Presently, I am a civil rights and insurance litigation attorney with a focus on representation government entities. Prior to this, I’ve represented some of the largest financial institutions in the world in litigation.
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Ayelet F.
Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.
Melissa G.
Melissa D. Goolsarran Ramnauth, Esq. is an experienced trial-winning trademark and business attorney. She has represented large businesses in commercial litigation cases. She now represents consumers and small businesses regarding federal trademarks, contracts, and more. Her extensive litigation knowledge allows her to prepare strong trademark applications and contracts to minimize the risk of future lawsuits.
May 12, 2021
Robert D.
I am a general practice lawyer with 21 years of experience handling a wide variety of cases, both civil and criminal
June 21, 2021
George B.
I help start-ups, small businesses, and people realize their potential by leveraging my legal and technological experience. Legally skilled in employment law, intellectual property, corporate law, and real estate transactions.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
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ContractsCounsel User
Prenup Review
Location: New Jersey
Turnaround: Over a week
Service: Contract Review
Doc Type: Prenuptial Agreement
Page Count: 5
Number of Bids: 4
Bid Range: $375 - $650
ContractsCounsel User
Prenuptial Agreement Drafting
Location: Nevada
Turnaround: Less than a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 3
Bid Range: $499 - $1,500
User Feedback:
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