Missouri Prenuptial Agreements

Created by FindLaw's team of legal writers and editors | Last reviewed March 17, 2018

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Thinking of getting married in Missouri? While the proposal and wedding planning can make life seem like a fairy tale, the fact is that marriage is a binding contract between two people. Oftentimes couples want to make sure the parameters of the marriage and who owns what is decided before walking down the aisle. The benefits of having an attorney draw up a prenuptial agreement, also referred to as a “prenup” or “premarital agreement” are plentiful and include protecting your separate property, defining what is considered community property, and establishing ground rules for future legal decisions, should they arise as a result of divorce, legal separation, or even death. If you decide not to make an agreement, Missouri state laws will decide how your property is divided in the event there is a disagreement between you and your spouse. 

Missouri Prenuptial Agreements Overview

Specifics of Missouri’s prenuptial agreement laws are listed in the following table. You may also want to explore the top reasons prenuptial agreements can be invalid. As always, it is best to speak with an attorney who specializes in Missouri prenuptial agreements if you have questions.  

Statute

·         Missouri Code Section 474.120, et seq.

·         Missouri Code Section 474.220, et. seq.

·         Missouri Code Section 451.230, et. seq.

How to Make a Valid Prenup
  • Must be in writing (no oral prenuptial agreements)
  • Must be signed by both parties and attested to
  • Parties must enter into the agreement “freely, fairly, willingly, understandingly, in good faith, and with full disclosure
  • Must be conscionable

Definition of “Conscionable”

  • A conscionable agreement is one that doesn’t leave one party destitute or is so one-sided that it places an unreasonable burden on one party.

Child Support and Child Custody
  • No, child support and child custody cannot be predetermined by a prenuptial agreement.

Has Missouri Adopted the Uniform Premarital Agreement Act?

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

If you have additional questions about Missouri prenuptial laws, click on the following links below:

Missouri Prenuptial Agreements: Related Resources

Get Legal Assistance Drafting Your Prenuptial Agreement

Now that you understand the importance of prenuptial agreements, why not explore whether one is right for you and your future spouse? Financial matters aren’t always easy to discuss in the honeymoon phase of your relationship, but it is prudent to decide now before things get out of hand. But don't leave it up to chance; contact an experienced Missouri family law attorney today.

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