A Mississippi prenuptial agreement is between two individuals who plan to marry and want to determine how their assets and property will be controlled if the marriage ends. Both parties must fully disclose their assets before signing and voluntarily entering the agreement.
Furthermore, the agreement must be executed before the legal marriage takes place to be legally recognized. Although such contracts are often made for the benefit of one individual, they can also provide mutual assurances and be used to avoid court proceedings and legal conflicts.
Legal Considerations
Mississippi has not adopted the Uniform Premarital Agreement Act, but prenuptial agreements are still authorized and are enforced under state laws relating to contracts.
Laws: Mabus v. Mabus, 890 So.2d 806 (Miss. 2003)
Signing Requirements: Both spouses should sign, and it is recommended that signatures be notarized.
Dividing Property: Equitable division. (§ 93-5-24)
Enforceability Requirements
- Essential Terms for Validity: Must be written, voluntary, fair, and reasonable at the time of signing, executed before the wedding, and notarized.
- Content: Can cover property division, alimony, and financial matters, but not child support or custody arrangements.
- Enforceability: Parties should work with a family law attorney to draft a prenuptial agreement that complies with state law, discloses all assets and debts, and is signed well in advance of the wedding.
