A Missouri postnuptial agreement is a legal document designed to solidify financial arrangements and protect assets for spouses after marriage. It can cover various aspects of marital finances, including property division, spousal support (alimony), debt allocation, and inheritance rights.
What sets it apart from a prenuptial agreement is that it accommodates changes within the marriage journey while providing clarity and security in unforeseen circumstances. The state also acknowledges “separation agreements,” designed for couples anticipating an imminent divorce.
Legal Considerations
While state law does not explicitly address postnuptial agreements, courts generally recognize and enforce them under contract law principles and family law.
- Signing Requirements: The agreement needs to be written and acknowledged by each of the parties (Lipic v. Lipic, 103 S.W.3d 144 (Mo. Ct. App. 2003)). While oral agreements may suffice for separation arrangements, written contracts are preferable for easier enforceability (Freeland v. Freeland, 256 S.W.3d 190 (Mo. Ct. App. 2008)).
- Dividing Property: Equitable division. (§ 452.330).
Asset and Property Rights
Capacity to Contract
- Marriage contracts involving the securing or conveyance of any estate, real or personal, must be in writing.
- Each contracting party must acknowledge the written agreement, or it must be proved by one or more subscribing witnesses to be legally valid. [1]
- Marriage contracts must be acknowledged or proved before the same officer and certified in a manner akin to deeds of conveyance for land.
- Following acknowledgment or proof, these contracts, along with the certificate, must be recorded in the office of the recorder of each county where the affected estate is located. [2]
Court Review
- In the event of divorce or separation, courts will review postnuptial agreements to ensure they are fair and enforceable.
- State courts may invalidate provisions that are unconscionable or contrary to public policy.
Estate Planning and Inheritance
Nonprobate Transfers on Death
- Once a marriage contract is deposited in the recorder’s office for record, it provides full notice to all individuals regarding its contents, particularly concerning any property affected within the county where it is deposited.
- Until deposited for record as outlined, such a contract remains valid and legally binding solely between the involved parties and those who possess actual notice of its existence. [3]
