Deciding to get married is an exciting time in the life of couple. However, it is also a vital time to ensure the couple agrees upon the sharing of their assets. Prenuptial agreements, also known as a prenup, and postnuptial agreements are created to formally detail how assets will be distributed should the marriage be dissolved. These agreements aim to protect the individuals and their property and minimize litigation should a divorce ever occur. Prenuptial or postnuptial agreements can also be used to detail distribution of assets upon the death of a spouse. At Siegel & Irwin, LLC, our family law attorneys are knowledgeable in creating prenuptial and postnuptial agreements that cater to the unique circumstances of each couple.
There are two types of agreements:
A prenuptial (prenup) agreement is entered into prior to marriage.
A postnuptial agreement is entered into after a marriage has occurred.
In Missouri, prenuptial and postnuptial agreements are guided by Missouri statutes and case law. To maintain a valid prenuptial or postnuptial agreement in Missouri, generally both parties must enter the prenuptial agreement freely, fairly, and willingly, and the agreement must be conscionable. In Missouri, the prenuptial or postnuptial agreement should be in writing and signed by both parties. To ensure your prenuptial or postnuptial agreement will be upheld by a court should the marriage ever be dissolved, you should have an experienced family law attorney work through the agreements.
While a happily engaged or married couple may not want to think about the ending of their marriage, there are many circumstances that warrant the use of a prenuptial agreement or postnuptial agreement.
One or both spouses entering the marriage have significant pre-marital assets or expect to inherit significant assets in the future. In the event of a marriage ending, a prenuptial or postnuptial agreement can help each spouse leave the marriage with what he or she brought into it.
One or both spouses entering the marriage have children from a previous marriage. Should the marriage come to an end or a spouse die, a prenuptial or postnuptial agreement can protect the inheritance of children.
One spouse owns a profitable business. A prenuptial or postnuptial agreement can exclude the business from marriage assets to ensure that, upon the ending of a marriage, the non-owner spouse does not collect a percentage of the business.
If you or your spouse desire a prenuptial or postnuptial agreement, contact our family law attorneys at Seigel & Irwin, LLC to walk you through the complexities of your circumstance and ensure you fully understand your final prenuptial or postnuptial agreement. An experienced family law attorney can assist in the process in a variety of ways:
Our family law attorneys can guide you through the complexities of the prenuptial or postnuptial agreement to ensure you are protected in the event of your marriage ending.
It is important to ensure your prenuptial or postnuptial agreement will be upheld in the event of a future dissolution of your marriage or death of spouse. Our experienced family law attorneys are familiar with the Missouri requirements in establishing valid prenuptial and postnuptial agreements.
Our family law attorneys can assist with determining an equitable solution for both parties as to the key aspects of the prenuptial or postnuptial agreement including asset determination, property division, death benefits, negotiations, etc.
Talking about the ending of your marriage can be quite tricky when you are currently happily married or about to be married. The attorneys at our family law firm are experienced in helping to navigate these sensitive discussions in a manner that minimizes conflict and promotes an equitable agreement.
The UPMAA is a multi-state framework for law that aims to bring consistency to prenuptial and postnuptial agreements and their enforceability. Missouri has not adopted this framework and, thus, maintains its own statutes and case law. An experienced attorney in prenuptial or postnuptial agreements can assist you in determining the impact of UPMAA and other relevant state laws on your agreement.
No, in Missouri, a prenuptial or postnuptial agreement cannot dictate child custody or child support matters in a legally enforceable manner.
Generally speaking, if both parties agree, it is possible for a prenuptial agreement to be modified either in part or in whole. We still strongly advise consulting a qualified attorney for any changes to your prenuptial agreement.
Located in Lee’s Summit, Missouri, the family law attorneys at Siegel & Irwin, LLC have assisted many clients in establishing prenuptial and postnuptial agreements in Missouri including Cass County, Clay County, Jackson County, Lafayette County, Platte County, and other surrounding counties. Each prenuptial or postnuptial agreement’s needs vary in complexity, and our family law attorneys are experienced in handling complex situations that may arise. Let our Missouri prenuptial and postnuptial attorneys at Siegel & Irwin, LLC help you throughout the prenuptial or postnuptial process. Call us at 816-836-9950 or contact us online.
Content Reviewed by Kristin Siegel, JD | Attorney at Law
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