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The Missouri prenuptial agreement is a legal document that provides rules and obligations for each partner in terms of their financial relationship during the marriage. The parties to the prenuptial agreement are future spouses. They sign the prenuptial agreement before the marriage, but the document becomes effective after they get married.
The parties commonly use the prenuptial agreement after marriage to determine how the property accumulated during the marriage will be divided between them. However, by creating this document, parties are preventing potential misunderstandings and lengthy and costly legal disputes.
Laws and Legal Requirements for a Prenuptial Agreement in Missouri
Sections 451.220–451.240 of the Revised Statutes of Missouri provide a legal framework for Missouri prenuptial agreements. Missouri state law refers to prenuptial agreements as marriage contracts.
Section 451.230 outlines the requirement for the parties to the prenup agreement to record the document at the office of the recorder for the county where the property that is an object of this agreement is located. Otherwise, the state law won’t recognize the prenuptial agreement as valid.
Signing Requirements for a Prenuptial Agreement in Missouri
According to Section 451.220, a notary public or at least one witness must also sign the prenuptial agreement form along with both future spouses.
The witness or the notary public will additionally confirm the authenticity of the document. This will subsequently minimize potential disputes and fraudulent activities since the witness or a notary will confirm that both parties have signed the agreement in person.
Prenuptial Agreement Enforcement in Missouri
Besides the obligation to record, there are additional reasons the Missouri prenuptial agreement can be declared unenforceable. The court can declare certain provisions or the whole agreement unenforceable if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement against their will
The other party failed to provide complete and truthful information on their financial status at the moment of signing the prenup agreement
Furthermore, the court can stop the enforcement of the agreement if it makes one of the parties eligible for the governmental financial support program.
What Can a Prenuptial Agreement in Missouri Cover?
The parties to the prenuptial agreement template are free to include any provision in their document as long as it is in line with state laws and public policies.
Parties don’t only use the prenuptial agreement in cases of divorce. This document can also regulate matters before, during, and after the marriage. Below, you can see the most common provisions that can be included in the prenup agreement:
Provisions in a Prenuptial Agreement
Overview of each party's assets and liabilities, with an indication of what assets and liabilities will be part of the individual and what is going to be included in the marital property
Rights and obligations of parties connected to their individual property
Right to buy, sell, lease, mortgage, and manage the marital property during the marriage
Rules on how the property will be divided in case of a separation, marriage dissolution, death, or other similar event
Provisions related to the pension and insurance funds
Modifications or waivers of spousal support and alimony
The choice of law governing the construction of the agreement
Prenuptial Agreement in Missouri: Validity Criteria
The prenuptial agreement form should fulfill the basic formality requirements set by the state law to be valid and enforceable. This means that the agreement should be in writing, and both parties must sign it. Additionally, the state law requires the acknowledgment of the notary public or at least one witness.
Moreover, the validity of the prenup agreement is connected to the existence of the marriage. In other words, the document will be considered invalid if the parties don’t get married after signing it.