Prenuptial Agreement in Missouri

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What is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract that outlines how assets, debts, and other financial matters will be handled in the event of a divorce. Many couples choose to create a prenup before getting married to protect themselves in case the marriage ends in divorce.

Why Consider a Prenuptial Agreement in Missouri?

Missouri is an equitable distribution state, which means that assets and debts acquired during the marriage are divided fairly, but not necessarily equally, in a divorce case. However, prenups can override this default rule, allowing couples to dictate how their assets will be split in case of divorce.

Additionally, prenups can offer other protections, such as:

– Protecting premarital assets: If one or both parties have significant assets or debts before entering the marriage, a prenup can protect those assets from being divided in a divorce.

– Clarifying financial expectations: A prenup can also clarify financial expectations, such as who will be responsible for paying certain bills or supporting any children from previous relationships.

– Streamlining the divorce process: By outlining how assets will be divided in a prenup, the divorce process can be smoother and less contentious.

What Should You Consider Before Signing a Prenuptial Agreement in Missouri?

Before signing a prenup, it’s essential to consider the following:

– Hire an attorney: Each party should hire their own attorney to ensure that their interests are protected and that the agreement is fair and legally binding.

– Full disclosure: Both parties must fully disclose their assets, debts, and income, or the agreement may not be legally binding.

– Terms of the agreement: Make sure that the terms of the agreement are fair and reasonable for both parties. For example, if one party is waiving their right to spousal support, make sure that they are still able to support themselves after a divorce.

– Timing: Prenups should be signed well in advance of the wedding to ensure that each party has enough time to review and negotiate the terms of the agreement.

Conclusion

Overall, prenuptial agreements can be a useful tool for protecting your assets and clarifying financial expectations before getting married. However, it’s essential to consult with an attorney and carefully consider the terms of the agreement before signing. If you’re considering a prenup in Missouri, make sure to do your research and work with an experienced attorney to ensure that your interests are protected.