Prenuptial Agreements offer many benefits and are becoming more common. They are especially useful for those marrying later in life or remarrying after divorce. Those couples often have more assets, have adult children to protect, and want to prevent potential disputes and ongoing litigation.
Prenuptial or postnuptial agreements can be useful for any couple to gain peace of mind about the future. Discuss your situation with a Town and Country lawyer at Jones Family Law Group. Our seasoned attorneys are here to listen to your goals and protect your best interests.
Benefits of Prenuptial and Postnuptial Agreements
Prenuptial (prenup) and postnuptial (postnup) agreements are legal contracts couples execute before or after the marriage that set specific terms should the marriage end. They can also determine specific instructions for the management of the property if one spouse dies. While prenups and postnups have many similarities, there are also differences between the two types of marital agreements.
The prenuptial and postnuptial contracts provide the wishes and terms of the two individuals should the marriage dissolve. The contracts alleviate the stress of divorce proceedings and typically make them less contentious. A Town and Country lawyer at our firm could help draft a prenuptial or postnuptial agreement for security and peace of mind about the future.
Terms and Issues
Prenuptial or postnuptial agreements will provide instruction on the division of property should the couple divorce. The contract may include various terms and issues, such as the following:
- Whether premarital assets and property will be included in the division of property upon divorce
- Provisions regarding preserving pre-marital assets for children from a previous marriage
- The allocation of payment of outstanding debt the couple accrued during the marriage
- Terms regarding gifts, inheritance, and trusts
- The agreed terms about spousal support or alimony
- The division of a business
Our attorneys in Town and Country could review your options and tailor an arrangement to meet your desires and needs during a confidential consultation.
Requirements for Valid Agreements in Town and Country
Prenuptial and postnuptial agreements must meet the guidelines under Missouri law to ensure the family court upholds the terms in the event of a divorce. Under the Missouri Revised Statute § 451.220, both parties to the contract must enter into the agreement willingly and with a sound mind. The contract must also be conscionable, which means fair, equal, and for the benefit of both individuals.
Importantly, the family court will not recognize child custody or child support arrangements in any agreement. These determinations must be made in the children’s best interests at the time of divorce. A local lawyer could further explain the relevant rules and draft documents that comply with state laws.
Consult an Experienced Attorney in Town and Country
A prenuptial or postnuptial agreement can help avoid disputes and expensive and contentious litigation, protect your best interests, and give you peace of mind. However, if they include unenforceable terms or there are problems with the enforceability of the agreement, the court may refuse to enforce the agreement. Working with a Town and Country lawyer is essential to ensure your contract complies with state law.
A knowledgeable attorney at Jones Family Law Group could review your options, address your concerns, and draft documents to meet your unique needs. Call our firm today to discuss your situation.