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The Missouri postnuptial agreement is a legal document that is used to determine the rights and obligations of each spouse in terms of their individual and marital property.
The main difference between a postnuptial and prenuptial agreement is the moment the parties sign the document. With a prenup agreement, parties sign the document before they enter the marriage. However, with the postnuptial agreement, the parties sign the document once they have already entered the marriage.
Postnuptial agreements are also used after the marriage. The parties can use the document to define how they will divide the property in case of a marriage dissolution or divorce.
Laws and Legal Requirements for a Postnuptial Agreement in Missouri
The laws and legal requirements for a postnuptial agreement in Missouri provide the guidelines for determining the legality of the postnup agreement. These guidelines are usually outlined in state law as well as in court decisions.
One of the most important court cases for determining the legality of the Missouri postnuptial agreement is Lipic v. Lipic (2003).
In this case, the court provides that “[a]nte-nuptial agreements will not be enforced unless they are entered into ‘freely, fairly, knowingly, understandingly and in good faith and with full disclosure.’[...] The standards regarding the enforceability of ante-nuptial agreements also adequately address the concerns regarding post-nuptial agreements.”
Signing Requirements for a Postnuptial Agreement in Missouri
The postnuptial agreement must be in writing, as per Missouri state law. Moreover, both parties to the agreement must sign the document.
Although it is not required, the parties should also consider notarizing their postnuptial agreement form. The notary public will confirm the identity of the parties and acknowledge that they have personally signed the document. This will prevent any potential disputes about the document’s authenticity, as well as any fraudulent activities in this regard.
Postnuptial Agreement Enforcement in Missouri
The Missouri postnuptial agreement form will be considered enforceable if it fulfills the following criteria:
Postnuptial Agreement Enforcement Conditions
If both parties sign the document willingly, without coercion, or as a result of duress
If both parties had the opportunity to consult their legal advisor before signing the document
If both parties understand the consequences of signing the postnuptial agreement
If both parties made a complete and truthful disclosure of their financial status in the document
If the above-mentioned criteria are not met, one of the parties can raise a claim with the court, and the court can declare certain provisions or the whole agreement unenforceable.
What Can a Postnuptial Agreement in Missouri Cover?
The postnuptial agreement in Missouri can cover different matters connected with the financial and non-financial relationships of the spouses.
The following are some of the most common matters that the Missouri postnuptial agreement template regulates:
Provisions in a Postnuptial Agreement
Rights and responsibilities of parties in connection with their individual and marital property
Right to sell, buy, lease, transfer, mortgage, or manage the property accumulated during the marriage
Rules on property division in case of marriage dissolution, divorce, death, or any similar event
Matters connected to spousal support, insurance, pensions, wills, trusts, and more
Choice of relevant law for the interpretation of postnuptial agreement form
The postnuptial agreement, however, cannot regulate matters like child support since it is in the exclusive jurisdiction of the court.
Postnuptial Agreement in Missouri: Validity Criteria
The Missouri postnuptial agreement must fulfill the basic formality requirements set by the state law to be considered valid. This means that the document must be made in written form and that both spouses must sign it.
In addition, the validity of the postnup agreement also depends on the existence of marriage. This means that the parties must sign the postnuptial agreement during their marriage. Moreover, the parties can create multiple postnup agreements to regulate different matters connected with their financial and non-financial relationships.