Prenuptial Agreement Lawyer Prepares Valid Binding Pre-Marital Contracts

A prenuptial agreement lawyer creates legally-binding contracts that include provisions for protecting the assets of couples if they divorce or if one party dies. Unlike many states, Missouri has not adopted the Uniform Prenuptial Agreement Act (UPAA) regarding the enforcement and validity of prenuptial agreements; rather, Missouri is guided by statutes and case law. In general, a prenuptial agreement must be in writing and signed by both parties to be enforceable. 

Prenups can be an excellent planning tool for a couple’s financial future, covering many issues tailored specifically to the couple’s financial and social circumstances. Both parties should retain their own experienced, knowledgeable prenuptial agreement lawyer. There is no set formula for writing a prenup, but essentially they cover standard terms that outline how your assets, wealth, and debt will be divided upon the death of either party or divorce.

Your attorney will prepare a valid contract containing the provisions most beneficial to your situation, which may include such topics as:

• Designation of marital vs. separate property.
• Spousal maintenance and/or child support upon divorce.
• Payment of expenses during the marriage.
• Designation of property upon death and/or divorce.

In order to properly construct your agreement, you’ll both need to prepare a detailed inventory of all your assets and debts. Be honest and straightforward in your discussions with your prenuptial agreement lawyer and your future spouse, making full and fair disclosures about all of your assets and debts.

Property that is accumulated during the marriage is a primary focus of a prenuptial agreement. Your attorney will guide and advise you regarding how you plan to handle the income and assets you accumulate together and determine if they will be owned jointly or separately.

Generally, separate property, including gifts, inheritances, and any property you owned before the marriage will not be divided in the divorce, and you will keep what you own individually.

Even more personal details can be included, such as who gets the family pet or the antique armoire, or provisions can be added for preventing derogatory comments about each other or the details of the divorce from being posted on social media.

Paying maintenance or alimony is a topic that should be addressed in the prenup. If waived, it means that one party cannot seek alimony from the other in the event of divorce. If alimony is not mentioned in the agreement, then either party has the option of pursuing alimony if they choose.

Making provisions for a surviving spouse in the event that one of the parties dies is a standard topic in prenuptial agreements. Unless otherwise stated in the agreement, parties may leave their separate property to whomever they want, whether its other family members, friends or charities. However, some parties ask the prenuptial agreement lawyer to include provisions for the surviving spouse. 

As you can see, there are many different factors that go into preparing a valid, enforceable prenuptial agreement. It’s best that your prenup is written by a prenuptial agreement lawyer who has experience and knowledge of prenups and can explain how specific terms will affect your rights and can negotiate for changes to the agreement on your behalf.

Janet Woolsey of the Levy Craig family law team is well versed in the laws governing prenuptial agreements. When it comes to the future nothing is ever guaranteed, but having a valid prenuptial agreement can give you both the peace of mind you need to embark on your new life together. To schedule telephone or video conferences and meetings, or get more information, please call Janet Woolsey at 816-454-7474.