A Missouri prenuptial agreement is a written contract a couple enters into before marriage to establish each party’s asset ownership rights. The primary objective of the agreement is to decide how assets will be distributed if the marriage ends.
Individuals can avoid lengthy court proceedings and legal disputes in the state by creating an agreement. Both parties must fully disclose their assets, holdings, and debts before agreeing; otherwise, the contract will be voided.
Legal Considerations
Laws:
- § 451.220 – Marriage contracts to be in writing, acknowledged, or proved.
- § 451.230 – How acknowledged or proved — to be recorded, where.
- § 451.240 – Contract so recorded shall impart notice to whom.
- § 474.120 – Inheritance and statutory rights deemed waived, when.
- § 474.220 – Waiver of right to elect.
Signing Requirements: Both parties and a notary public or at least one witness. (§ 451.220)
Dividing Property: Equitable division. (§ 452.330)
Enforceability Requirements
- Essential Terms for Validity: Must be in writing, acknowledged or proved by each party, recorded with the recorder of deeds, and proved or acknowledged in the same manner as a deed of conveyance for land.
- Enforceability: May be impacted by involuntary execution, unconscionability, lack of fair disclosure, absence of a written waiver of disclosure rights, and violation of public policy.
- Restricted Provisions: Negatively impacting a child’s right to support or limiting a party’s right to seek spousal support, and any provisions violating public policy are unenforceable.
- Modification and Termination: Can be modified or terminated after marriage with a written and signed agreement by both parties, which must be acknowledged or proved in the same manner as a deed of conveyance for land.
