Missouri Prenuptial Agreement Statute: Everything You Need to Know
A prenuptial agreement, commonly referred to as a prenup, is a legal agreement made between two individuals before they get married. It outlines how assets and liabilities will be divided in the event of a divorce or legal separation. Prenuptial agreements can be particularly beneficial for high net worth individuals or those with complex financial situations, as they provide a level of protection and clarity in case of a marital breakdown.
In Missouri, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). The UPAA is a set of laws that provide a framework for the creation and enforcement of prenuptial agreements. Here`s everything you need to know about the Missouri prenuptial agreement statute.
What is the Missouri Prenuptial Agreement Statute?
In Missouri, prenuptial agreements are governed by Chapter 451 of the Missouri Revised Statutes. This chapter outlines the requirements for a valid prenuptial agreement, as well as the circumstances under which a prenup may be invalidated.
Under Missouri law, a prenuptial agreement must be in writing and signed by both parties. It must also be executed voluntarily and without coercion or duress. Additionally, a prenup may not be used to promote or condone illegal activities, such as fraudulent transfers of property.
What can be included in a Missouri prenuptial agreement?
A prenuptial agreement can cover a wide range of topics, including how assets and liabilities will be divided in case of a divorce, financial support obligations, and even the disposition of property upon the death of one spouse. However, there are some limitations to what can be included in a prenup.
For example, a prenuptial agreement may not waive a spouse`s right to receive spousal support or alimony. The court will always have the discretion to award spousal support based on the parties` circumstances at the time of the divorce.
A prenup may also not interfere with a child support order. The court will always make child support decisions based on the best interests of the child.
Can a prenuptial agreement be invalidated in Missouri?
While prenups are generally enforceable in Missouri, there are certain circumstances under which a prenup may be invalidated. Some of the most common reasons for invalidation include:
– Duress or coercion: If one spouse was forced or threatened into signing the prenup, it may be deemed unenforceable.
– Lack of disclosure: Both parties must fully disclose all assets and liabilities before signing a prenup. If one spouse conceals assets or debts, the prenup may be invalidated.
– Unconscionability: A prenup may be deemed unconscionable if it is grossly unfair or one-sided.
In conclusion, a prenuptial agreement can be a valuable tool for protecting your assets and financial interests in the event of a divorce. However, it is important to work with a qualified attorney to ensure that your prenup meets all legal requirements and is enforceable in Missouri. By following the guidelines set forth in the Missouri prenuptial agreement statute, you can create a prenup that provides peace of mind and financial security for you and your spouse.