Missouri Prenuptial Agreement

A Missouri prenuptial agreement is a contract ratified before marriage that describes the provisions of a possible future divorce or lawful separation. In addition, the prenuptial contract can also connect to other aspects of law, such as how you will handle estate planning matters with your future partner or the provisions of dealing with real estate property during your marriage. Besides, the prenup is a legal document not filed with the tribunal unless the parties involved challenge it in a court of law.

Understanding the Benefits of Missouri Prenuptial Agreement

The main advantage of a prenuptial agreement is that it prevents future litigation because you and your spouse have previously decided how to distribute your assets in the event of a divorce. Without a prenuptial agreement, your assets will get distributed following Missouri divorce laws, which could lead to a protracted court battle.

In addition, people who have children from a prior marriage and want to safeguard their children's well-being, people who have gone through a messy divorce before and want to make sure it doesn't happen again, and people with assets all frequently use prenuptial agreements.

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Prenuptial Agreement Enforcement in Missouri

Compared to other states, Missouri has not ratified the Uniform Premarital Agreement Act (UPAA). Hence prenuptial agreements in Missouri are enforceable under state and case laws. And for a prenuptial agreement to be enforceable in Missouri, it must be in writing and signed by both you and your prospective spouse.

In addition, a prenuptial agreement must fulfill two standards to be upheld by Missouri courts. You must first enter into the arrangement "freely, honestly, willingly, understandingly, in good conscience, and with full disclosure" with your future spouse, and the deal also needs to be conscionable.

Also, you can take a few actions to increase the likelihood of legal ratification of your contract. Initially, it is rational to hire separate attorneys for you and your future partner. It demonstrates that both of you signed the document willingly, that you were aware of the terms when you did so, and that you were aware of your legal rights.

Second, it is better to sign the contract before the wedding to confirm that neither party felt compelled to sign due to the upcoming big day. Third, you and your potential spouse should be completely honest about the nature and extent of your assets and liabilities (such as a $10,000 bank account and $50,000 in real estate).

Moreover, when considering whether a prenuptial agreement is enforceable, the tribunal will look at a couple of fundamental factors, including when the parties signed the agreement, whether the parties both had attorneys, and whether the parties fully revealed their and the worth of their assets.

Additionally, if one party forces a prenup agreement on the other party a few hours before the wedding, it would be deemed that the other party was under pressure when signing, and the contract may get nullified. Even though most people with a qualified attorney can probably sign a prenup agreement up to a few days before the marriage, a good practice is to have the agreement signed at least a month or two before the marriage date.

Conclusion

All in all, a prenuptial agreement must set standards to be upheld by Missouri courts. The requirement addresses the equality of the agreement's real terms that it be "conscionable." A prenuptial agreement's conditions must be reasonable for it to be enforceable. If a prenuptial agreement gave one party everything and the other nothing, it would be unjust or "unconscionable." So to ensure your prenuptial agreement always remain enforceable in court, it is better to seek our professional legal services at Contracts Counsel.