What Is a Missouri Prenuptial Agreement?
Couples planning to get married in Missouri can complete a prenuptial agreement, also known as a prenup. This contract protects their property and finances in case of divorce or death. Missouri has a policy of equitable distribution under Missouri Revised Statutes § 452.330. This means the divorce courts usually divide property based on what the judge considers fair.
You can control how to divide your property yourself by creating a prenup before you get married. If you’re already married, a postnuptial agreement can protect your financial security.
How to Write a Prenuptial Agreement in Missouri
Prenuptial agreements in Missouri must meet strict legal requirements. Use our Missouri prenuptial agreement template, and follow these steps to make sure yours includes all the information you need:
- Provide Partner Background Information: Enter the names and addresses of both signing partners. Provide background information about prior marriages. List any children you have from previous relationships and together.
- Determine Property Ownership: Decide whether the property you each bring to the marriage will be treated as separate or shared. A prenup lets you establish your own terms to split up shared property in advance.
- Divide Existing and New Business Value: If you own a business before or start one during the marriage, you can choose what to do with them if the marriage ends. You can either keep any increase in value or divide it with your spouse
- Disclose Debts and Taxes: Give financial documentation to disclose your existing debts and liabilities before marriage. Decide how you and your partner will handle and divide acquired debt if the marriage ends. Consider whether you will file your taxes jointly or individually.
- Divide Housing Costs and Marital Home Value: Explain how you plan to divide your marital home if the marriage ends. Also, choose who will cover household expenses. You may have one partner cover all or most of the expenses, or you can split household costs between spouses.
- Establish Provisions for Alimony: Determine how you want to approach spousal support if you and your partner divorce. Both partners can choose to waive their right to alimony. However, a judge may overturn this provision if it causes undue hardship or if a partner didn’t fully disclose any finances.
- Choose Disability and Death Provisions: Establish provisions for spousal support if one partner dies or becomes disabled.
- Select Your Desired Dispute Resolution: Decide how you will resolve disputes about the prenuptial agreement. You may choose arbitration, mediation, court litigation, or a combination to achieve a fair divorce agreement.
- Establish the State of Governance: Indicate which state’s laws will govern your agreement. Every state’s laws are different. Create a prenuptial contract consistent with the laws in the state where you will marry.
- Add a Notary Acknowledgement: Include a notary acknowledgement form. You can print the form with your prenuptial agreement and bring it to the recorder’s office. You must sign and date the agreement in the presence of a notary. Then file it with the county recorder.
Sample Missouri Prenuptial Agreement
Below, you can view a sample Missouri prenuptial agreement. Customize this template to meet your needs and then download it in PDF or Word with Legal Templates.
Legal Requirements in Missouri
MO Rev Stat § 451.220 establishes legal grounds to create a written marriage contract that outlines the distribution of personal property. This statute covers prenuptial and postnuptial agreements. Missouri has not adopted the Uniform Prenuptial Agreement like some states so prenups are governed by case law.
Signing
For a legally valid prenuptial agreement, both parties must sign the contract and it must be in writing. A notary in the office of the county recorder must acknowledge it, per MO Rev Stat § 451.230.
Enforceability
The court will not enforce a prenuptial agreement in Missouri if:
- Either party signed under duress.
- The agreement contains unconscionable terms.
- The contract limits child support or creates a child custody arrangement.
- The prenup violates public policy.
- Either party failed to disclose important information, such as financial debts and liabilities.
Financial Disclosure
For a valid prenuptial agreement, both parties must share full and fair disclosure of all financial assets. This includes income, debts, liabilities, and inheritance.
Modifications
You can modify or revoke a prenuptial contract in Missouri. To do so, you need a written agreement. Sign, notarize it, and deposit it with the county recorder.
