What Is a Missouri Postnuptial Agreement?
A Missouri postnuptial agreement is a binding contract between a married couple. It’s similar to a prenuptial agreement, as it addresses finances, assets, division of property, and alimony. While you must sign a prenup before the marriage is official, you can create a postnup any time after marriage.
Postnups in Missouri establish the spouses’ rights and duties if the marriage ends due to separation, divorce, or death. Instead of trying to work out a divorce agreement when emotions are high, you can plan in advance.
Couples often use a postnup to address changes within their marriage, such as a new home or business. Without a contract, MO Rev Stat § 452.330 uses equitable distribution if the marriage ends. Instead of a 50/50 division, a judge decides how to divide the marital property. A postnup gives you and your spouse more control over your property if the marriage ends.
How to Write a Postnuptial Agreement in Missouri
Take these steps to ensure your Missouri postnup has all the essential details:
- Enter marriage information: Note the names of both spouses, the date and location where you married, and the address where you live. List any children with your current partner or from prior relationships. Give detailed financial disclosures for all assets, holdings, and debts.
- Divide property: List which property each spouse owned before the marriage and which property you secured during the marriage. Decide how to divide the marital property you own jointly.
- Apportion business value: If you or your partner has a business, choose how you will divide the business value if the marriage ends. If the business existed before your marriage, you may decide to divide only the increase in the business value since the marriage began.
- Allocate debts and taxes: Outline the debt each partner brought into the marriage and any debts incurred since the marriage began. Establish how you want to divide marital debt if the marriage ends. Also, list whether you plan to file separate or joint tax returns.
- Determine household expense division: State how you will allocate household expenses during the marriage. Decide how you plan to divide your marital home if the marriage ends.
- Establish pet custody: Decide how you and your spouse will handle pet custody and care. You can create a pet custody agreement to address the details.
- Choose spousal support: Determine whether one of you will receive financial support from the other if the marriage ends. If so, establish the amount, frequency, and duration of alimony payments. Otherwise, both spouses must waive their rights to alimony.
- Address disability and death: Decide if one spouse will support the other in the event of disability or death.
- Consider dispute resolution: If a disagreement arises about the postnup, a dispute resolution provision lets you decide how you want to resolve it. Options include litigation, arbitration, or mediation.
- Add a notary acknowledgment: You need a notary acknowledgment form with the appropriate state and county to sign and notarize your agreement.
- Select a governing state: Choose which state’s laws govern the contract. Confirm that your agreement meets legal requirements. If you’re not sure, you can consult a postnuptial agreement lawyer in Missouri.
Sample Missouri Postnup
View a sample Missouri postnuptial agreement to learn how to write your own. When you’re ready, create yours using our template. Downloadable in PDF or Word format.
Legal Requirements and Considerations for Missouri Postnups
Under MO Rev Stat § 451.220, a married couple can create a contract to divide their property if the marriage terminates.
Signing Requirements
Per MO Rev Stat § 451.230, both parties must sign the postnup in the presence of a notary and file it with the county recorder’s office if they involve a conveyance of land.
Enforceability
Missouri postnups are not enforceable if a party signs under duress. The court may also void a postnuptial agreement if it includes unconscionable terms, as a judge determines. This could be because it negatively affects child support or causes undue hardship by limiting alimony.
Full Disclosure
In the Estate of Tegeler case, the Missouri appeals court acknowledged that a spouse must generally be aware of the other spouse’s assets for a postnup to be valid.
Nonprobate Transfers on Death
Under Missouri case law and common law, a postnup is a binding contract. If your document waives inheritance rights or includes instructions for asset distribution, you may use it to transfer property without going through probate, per MO Rev Stat § 461.073.
Probate laws in Missouri are complex. You can consult with a probate attorney to understand how your postnup may apply.
