One of the best ways to safeguard your hard-earned assets from life’s unexpected events is by drafting a prenuptial agreement with your soon-to-be spouse. In the past, there has been a certain stigma around suggesting these agreements, but as time goes on, this is less and less of the case. In more recent times, couples more often than not understand that these agreements are more than a way to protect your assets; they represent peace of mind so you can focus on what matters most–having a successful marriage. If you’re considering drafting a prenuptial or postnuptial agreement, please don’t hesitate to contact our knowledgeable St. Louis family lawyers today.
What Can I Cover in a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial and property matters, allowing couples to clarify and protect their interests. In Missouri, you can typically include the following:
- Division of property in the event of divorce, legal separation, or death, including how real estate, personal belongings, and other assets will be allocated.
- Spousal maintenance (alimony) agreements, specifying whether either spouse will receive support after a divorce, and if so, how much and for how long.
- Debt protection, outlining responsibility for pre-marital and marital debts, such as credit cards, loans, or mortgages.
- Ownership of businesses or professional practices, ensuring that family-owned businesses or individual ventures remain protected in case of divorce.
- Inheritance rights, defining what each spouse will receive if the other passes away, in coordination with existing estate plans.
- Management of joint finances, including bank accounts, investments, and savings during the marriage.
- Provisions for children from previous relationships, safeguarding their inheritance or other financial interests.
- Retirement benefits, specifying how pensions, 401(k)s, or other retirement assets will be treated in the event of a divorce.
What Can’t These Agreements Cover?
While a prenuptial agreement can cover a variety of financial matters, there are some things it cannot legally address in Missouri:
- Child custody and support decisions: Missouri courts will not enforce any terms related to future child custody or support, as these decisions are made based on the best interests of the child at the time of divorce or separation.
- Illegal or unconscionable terms: Any agreement that includes provisions that violate public policy or are grossly unfair to one spouse at the time of enforcement will not be upheld.
- Personal matters: Non-financial matters, such as agreements about household chores, religious practices, or personal behaviors, are not legally enforceable in a prenuptial agreement.
- Encouragement of divorce: Provisions that promote or incentivize divorce may not be enforceable, as courts generally disfavor agreements that undermine the institution of marriage.
What Makes a Prenuptial Agreement Valid & Enforceable in Missouri?
For a prenuptial agreement to be valid and enforceable in Missouri, it must meet certain legal requirements. Specifically, the agreement must:
- Be in writing: Oral agreements will not be considered valid.
- Be signed by both parties: Both spouses must voluntarily sign the agreement before the wedding.
- Include full financial disclosure: Both spouses must fully disclose their financial assets and liabilities before signing. Incomplete or misleading disclosures may result in the agreement being unenforceable.
- Be entered into voluntarily: Neither spouse can be coerced or pressured into signing the agreement. Both parties must enter the agreement freely and with a clear understanding of its terms.
- Be fair and reasonable at the time of execution: The terms should not be excessively one-sided or unfair to one spouse.
- Be executed before the marriage: A prenuptial agreement must be signed prior to the wedding; otherwise, it may be invalid.
- Not violate public policy: Any terms that conflict with Missouri’s laws or public policy may render parts or all of the agreement unenforceable.
What is a Postnuptial Agreement?
A postnuptial agreement is a legal document that serves the same basic purpose as a prenuptial agreement, with the caveat that postnuptial agreements are drafted exclusively after marriage. Though suggesting a postnuptial agreement may be a difficult conversation to have, most spouses are glad they do.
Contact Our Prenuptial Agreement Lawyers Today
Here at the Stobie Family Law Group, our prenuptial agreement lawyers have extensive experience helping clients draft well-rounded, legally enforceable prenuptial and postnuptial agreements. If you have any additional questions or would like to draft such an agreement, simply contact our firm today.
