Missouri Prenuptial Agreement Form
When getting married, divorce is the last thing on your mind. Your focus is primarily on the positives, like how exciting it is to start a new life and the beautiful things that the future has in store.
However, that does not mean that you should overlook the possibility of a divorce or separation. You should ensure your finances are in order if things don’t end up as expected. That’s why couples are advised to sign prenuptial agreements early enough. Learn everything about the Missouri prenuptial agreement.
What Does Missouri Prenup Cover?
A prenuptial agreement dictates how you wish properties to be divided in case of a divorce or separation. It aims to prevent the time-consuming discussions and negotiations and chances of litigations that may result in a long-term court battle.
The agreement may also discuss how to dispose of assets if one of the spouses gets disabled, falls ill, or dies. Couples should include the terms and conditions of property division. They may also include their activities regulations where they have acquired properties together. Other aspects covered by a prenuptial agreement include:
- Premarital debts payment
- The division of marital home and properties
- If any of the spouses will get alimony from the other and how much it will be
- How disability insurance and other long-term medical care will be handled
- Whether trusts, gifts, and inheritance will be considered as marital property
Note that prenuptial agreements do not cover children's custody and support. Such issues have to be decided in court after the marriage ends.
Who Can Get a Missouri Prenup?
Contrary to common beliefs that a prenuptial agreement is only for the rich, any couple that wishes to get married and is concerned about their financial future should get a prenup. It is also highly recommended for spouses with kids from their past relationships to protect the children's assets and interests.
If you don't fill out a prenuptial agreement form, you are giving the law the power to dictate your assets, and you will end up feeling like your rights are violated.
Missouri Prenuptial Agreement Laws
Missouri is among the states that are yet to approve the uniform act regulating prenuptial agreements. As such, the laws and requirements for a valid prenuptial agreement in the state are brief and straightforward.
For starters, the prenuptial agreement should be in writing and signed by both spouses. The couples should notarize the deal and get witnesses to append the signatures.
Besides signing, the Missouri court requires each party to get into the agreement willingly, freely, and fairly. They must not be forced to sign the prenup if they feel that their rights were violated. Furthermore, the agreement should be conscionable.
Both parties must disclose helpful information about their assets and debts. Lying or leaving any critical information out could render the agreement invalid.
Couples should leave ample time between the presentation of the prenuptial agreement and the actual wedding date. With that, they can review the deal repeatedly and revise it where necessary until they are both satisfied.
Causes of Prenup Denial by the Court
The court may refuse to enforce a prenuptial agreement if it contradicts the law in any way. Similarly, the court will deny it if the information offered is shallow and does not disclose either of the party's financial situations or if one of the spouses was forced to agree to it.
Couples should seek help from a lawyer to guide them through the prenup requirements to reduce the chances of denial.
Download a free prenuptial agreement Missouri form from our site for a simple-to-follow template.