Download Mississippi Prenuptial Agreement Form [PDF]

Create the Mississippi prenuptial agreement and define the rights and obligations of each spouse towards the marital property.

Last update: 24 Apr 2024

Download Mississippi Prenuptial Agreement Form [PDF]

The Mississippi prenuptial agreement is a legal document that enables two parties to regulate their financial relationship before marriage by outlining their financial status and determining which part of their assets and liabilities will be their individual property and which part will be their marital property.

The parties should make a prenuptial agreement in every situation where one or both parties entering marriage have certain assets they want to keep separate from the marital property. The future spouses can also use the prenuptial agreement after marriage to determine how they will divide the property they have accumulated during the marriage. 

Laws and Legal Requirements for a Prenuptial Agreement in Mississippi

Mississippi hasn’t adopted the Uniform Premarital Agreement Act (UPAA). Therefore, the precedents set by the Mississippi Court govern the prenuptial agreement form. The court refers to the prenuptial agreement as the antenuptial agreement.

In Smith v. Smith, 656 So.2d 1143, 1147 (Miss. 1995), the court has established that the prenuptial agreement is enforceable like any other contract. However, the court imposes a requirement of fairness in the execution of such contracts.

However, when it comes to the construction and interpretation of the prenup agreements, the court must follow the intent the parties had when signing the agreement. Estate of Fred Hensley v. Estate of Hazel O. Hensley, 524 So.2d 325, 327 (Miss. 1988).

Signing Requirements for a Prenuptial Agreement in Mississippi

According to the Mississippi Code, the prenuptial agreement must be in written form. Moreover, both future spouses must sign it.

Section 93-3-7 provides that the parties must register the prenup agreement before the Chancery Court.

Although the state law doesn’t explicitly require it, the parties should also consider notarizing their agreement. Notarization additionally confirms the authenticity of the document and prevents potential disputes and fraudulent activities.

Prenuptial Agreement Enforcement in Mississippi

The Mississippi court treats the prenuptial agreement like any other agreement, with an additional focus on fairness when executing the agreement. 

Therefore, the court will not enforce the agreement or the parts of the agreement if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

  • They have not signed the prenup agreement willingly

  • The other party hadn’t fully and thoughtfully disclosed their financial situation before signing the prenup agreement, and the party making that claim didn’t know or couldn’t know their full financial status

The court will also declare unenforceable any agreement whose enforcement will make one of the parties eligible for the government's financial aid program.

What Can a Prenuptial Agreement in Mississippi Cover?

When drafting the prenuptial agreement template, the parties are free to include any provision as long as it doesn’t violate state laws or public policy.

Some of the most commonly used provisions in the Mississippi prenuptial agreement form are:

Provisions in a Prenuptial Agreement

  • Rights and obligations of each spouse in terms of the individual and marital property, including the right to sell, buy, mortgage, lease, exchange, or manage the marital property

  • Rules on how the parties will divide the property accumulated during the marriage in case of marriage dissolution, separation, death, or any similar event

  • Rules regarding spousal support and alimony

  • Rules covering matters such as pensions or insurance funds

Prenuptial Agreement in Mississippi: Validity Criteria

The Mississippi prenuptial agreement will not be considered valid if it doesn’t meet the formality criteria set by the state law. This means that the future spouses must make the agreement in writing and must both sign the document. Moreover, state law requires them to register the prenup agreement before the Chancery Court.

Another validity criterion is connected to the correlation of the agreement with the existence of marriage. This means that the prenup agreement will be declared invalid if the parties don’t get married after signing it.

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