Skip to content

Prenuptial Agreements: A Comprehensive Guide for All Couples

Learn everything you need to know about prenuptial agreements, how they protect your assets, and why they're valuable for couples with children, young couples, blended families, and those with significant assets.

Introduction

A prenuptial agreement (commonly called a 'prenup') is a legal contract created by two people before they marry that typically outlines how assets and debts will be divided in the event of divorce or death. While often associated with wealthy individuals protecting their fortunes, prenups serve many practical purposes for couples across various life situations. This document can help clarify financial rights and responsibilities, protect family businesses, shield one spouse from the other's debts, and establish clear guidelines for property division. Whether you're entering marriage with children from previous relationships, significant assets, or simply want clarity about your financial future together, understanding prenuptial agreements is an important step in building a secure foundation for your marriage.

0/5000

Key Things to Know

  1. 1

    Prenuptial agreements must be executed well before the wedding (at least 30 days is recommended) to avoid claims of coercion or duress.

  2. 2

    Both parties must provide complete and honest financial disclosure for the agreement to be valid.

  3. 3

    Each person should have their own independent legal counsel review the agreement before signing.

  4. 4

    Prenups cannot determine child custody or child support amounts, as these must be decided based on the best interests of the child at the time of divorce.

  5. 5

    The agreement should be reviewed and potentially updated after major life events such as the birth of children, significant inheritance, or substantial changes in financial circumstances.

  6. 6

    State laws vary regarding prenuptial agreements, so it's essential to work with an attorney familiar with the laws in your jurisdiction.

  7. 7

    A well-crafted prenup promotes financial transparency and communication, which can strengthen your relationship rather than undermine it.

  8. 8

    For blended families, a prenuptial agreement should work in conjunction with your estate plan to ensure children from previous relationships are protected.

Key decisions before you file

Before you file a Prenuptial Agreement in Missouri, a few decisions shape the document: which option to choose and what each one means. The Prenuptial Agreement guide walks through them.

Open the Prenuptial Agreement guide

Customize your Prenuptial Agreement Template with DocDraft

Missouri Requirements for Prenuptial Agreement

  • Voluntary Execution (Missouri Uniform Premarital Agreement Act (MUPAA), RSMo § 452.325)

    Both parties must enter into the agreement voluntarily, without fraud, duress, or coercion. Missouri courts will invalidate agreements signed under pressure or without proper time for consideration.

  • Full and Fair Disclosure (RSMo § 452.325.2)

    Each party must provide complete and accurate disclosure of all assets, liabilities, and income. Failure to disclose material information may render the agreement unenforceable in Missouri.

  • Independent Legal Representation (RSMo § 452.325.3)

    While not absolutely required, each party should have the opportunity to consult with independent legal counsel before signing. The absence of independent representation may be a factor in determining enforceability.

  • Execution Timing (Case law: In re Marriage of Lindsey, 101 S.W.3d 523 (Mo. Ct. App. 2003))

    The agreement should be executed well before the wedding date to avoid claims of duress. Missouri courts may scrutinize agreements signed immediately before the wedding.

  • Property Division Provisions (RSMo § 452.330)

    Clear identification and allocation of separate property that will remain with each spouse and how marital property will be divided upon dissolution of marriage.

  • Spousal Support Provisions (RSMo § 452.335)

    Terms regarding modification or elimination of spousal support (maintenance) rights. Missouri courts may review these provisions for unconscionability at the time of enforcement.

  • Unconscionability Limitation (RSMo § 452.325.2)

    The agreement must not be unconscionable when executed or when enforcement is sought. Missouri courts may refuse to enforce provisions that would leave one spouse destitute or dependent on public assistance.

  • Child Support Restrictions (RSMo § 452.340)

    Provisions attempting to waive or restrict child support obligations are unenforceable in Missouri, as child support is the right of the child, not the parents.

  • Child Custody Limitations (RSMo § 452.375)

    Provisions regarding child custody and parenting time cannot bind the court, as Missouri courts determine these issues based on the best interests of the child at the time of divorce.

  • Estate Planning Coordination (RSMo § 474.160)

    The prenuptial agreement should address how it interacts with estate planning documents and Missouri probate laws, including elective share rights of surviving spouses.

  • Sunset Provisions (RSMo § 452.325)

    Optional clauses that specify expiration dates or changing terms based on the duration of marriage or occurrence of specific events, which are recognized under Missouri law.

  • Choice of Law Provisions (Restatement (Second) of Conflict of Laws § 187)

    Specification of which state's laws will govern the agreement, particularly important if the couple may relocate from Missouri in the future.

  • Formal Execution Requirements (RSMo § 452.325.1)

    The agreement must be in writing and signed by both parties to be enforceable under Missouri law. Oral prenuptial agreements are not recognized.

  • Debt Allocation (RSMo § 452.330.2)

    Clear provisions regarding responsibility for premarital debts and how marital debts will be allocated upon dissolution of marriage.

  • Business Interest Protection (RSMo § 452.330.2(2))

    Specific provisions protecting business interests, professional practices, or family businesses from division in divorce proceedings.

  • Retirement Account Provisions (Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1056(d)(3))

    Provisions addressing retirement accounts must comply with federal ERISA requirements and may require Qualified Domestic Relations Orders (QDROs) for enforcement.

  • Tax Considerations (Internal Revenue Code, 26 U.S.C. § 1041)

    Provisions addressing tax filing status, allocation of tax benefits, and tax consequences of property transfers must comply with federal tax laws.

  • Modification and Amendment Procedures (RSMo § 452.325.6)

    Clear procedures for how the agreement may be modified after marriage, requiring written consent of both parties under Missouri law.

  • Severability Clause (General contract principles, RSMo § 431.030)

    Provision stating that if any portion of the agreement is found unenforceable, the remainder of the agreement will still be valid and enforceable under Missouri law.

  • Death Provisions (RSMo § 474.120)

    Clear terms regarding rights upon death of either spouse, including waiver of elective share rights under Missouri probate law.

Frequently Asked Questions

Questions are loading.