Prenuptial and Postnuptial agreements are two kinds of contract that can be entered into either before or after a marriage which set forth the rights of each party in the event of a divorce or death of the other party. Here are 8 things you need to know about prenuptial agreements in Missouri.
1. Prenuptial agreements in Missouri are often used by people with children from a previous marriage, who have been through a difficult divorce in the past and/or who are bringing significant assets into a marriage or are expecting a large inheritance from their family.
2. Prenuptial agreements in Missouri commonly allows both spouses to keep the property they brought into the marriage and to split any property they acquire after the marriage. But just about any arrangement is allowed as long as it is fair. See below.
3. With a prenuptial agreement, either spouse can waive alimony if there is later a divorce or can waive an inheritance if the other spouse dies.
4. A prenuptial agreement should always be drafted by an attorney familiar with them and with the thought in mind that the document may later be challenged in court.
5. In order to be upheld in a Missouri court, each spouse should be separately represented by an attorney.
6. A prenuptial agreement should be signed well before the wedding day and one that is signed close to or on the day of the wedding could be unenforceable.
7. Each spouse must understand the agreement and fully disclose their assets. Failure to honestly disclose assets could lead to the document being unenforceable.
8. The agreement, must be fair and not be unconscionable. It can’t be one sided.
Call Legacy Law Center today for a free consultation to discuss prenuptial agreements in Missouri.