A Mississippi postnuptial agreement is a legal document designed to solidify financial arrangements between spouses after marriage. It helps define asset distribution, spousal support, and other important considerations in the event of divorce or death.
Contrary to prenuptial agreements, which are established before marriage, postnuptial agreements (or postnups) provide a means for couples to address financial matters during their union. While “separation agreements” hold legal recognition, coming into play when couples anticipate divorce, the state typically lacks specificity regarding agreements formed after marriage when divorce isn’t immediate.
Legal Considerations
While there aren’t any statutes that explicitly address postnups, the state recognizes their legality as part of its general contract law principles.
- Signing Requirements: The agreement must be in writing and signed by both spouses (Barton v. Barton, 790 So. 2d 169, 1999 IA 1846 (Miss. 2001)).
- Dividing Property: Equitable division. (§ 93-5-24).
Asset and Property Rights
Property Ownership
- Any transfer or conveyance of goods, chattels, or real estate between spouses is not legally recognized against third parties unless the transfer is documented in writing, acknowledged by both parties, and filed for record.
- Possession of the property by either spouse does not serve as sufficient evidence of filing; the written documentation must be formally filed for record to affect the rights of third parties. [1]
Wife’s Separate Property
- Married women are emancipated from all disabilities traditionally associated with coverture, and the common law pertaining to the limitations on property rights and contractual capacity of married women is completely revoked. Marriage no longer imposes any restrictions on a woman’s ability to own, acquire, or manage property, nor does it limit her capacity to enter into contracts related to property.
- Unmarried and married women alike possess equal capacity to acquire, control, and dispose of property, including real and personal assets, and to enter into contracts related to such property. They are entitled to the full range of legal rights and responsibilities, including the ability to sue and be sued, without regard to their marital status. [2]
Capacity to Contract
- Spouses are prohibited from entering into contracts with each other that would allow one party to claim compensation for work or labor performed for the other. Any such contract where one spouse claims compensation from the other for services rendered is considered void.
- The husband cannot lease or utilize the wife’s property or assets for personal business. Any use of the wife’s resources by the husband is considered on behalf of the wife, with the husband acting as her agent. This arrangement can only change with a written, acknowledged, and recorded contract signed by both parties. [3]
Contractual Principles
- Postnups are generally enforceable in state courts and be interpreted through the use of the rules governing written contracts (Roberts v. Roberts, 381 So. 2d 1333 (Miss. 1980)).
- They must meet specific legal requirements, such as being voluntarily entered into by both spouses, without coercion or duress, and with full financial disclosure.
