If you`re considering a postnuptial agreement in Missouri, you might be wondering whether or not it`s enforceable. The short answer is yes, postnuptial agreements are binding in Missouri. However, there are some caveats to be aware of.
What is a postnuptial agreement?
A postnuptial agreement is a legal agreement between spouses made after they are married. Typically, postnuptial agreements address issues related to the division of property and debts in the event of a divorce or separation. They can also cover other issues, such as spousal support and inheritance rights.
Are postnuptial agreements enforceable in Missouri?
Yes, postnuptial agreements are enforceable in Missouri. However, there are some limitations. For example, Missouri law requires that both spouses fully disclose all of their assets and liabilities before signing a postnuptial agreement. If one spouse omits assets or liabilities, the agreement may be unenforceable.
Additionally, postnuptial agreements cannot be used to waive a spouse`s right to alimony or spousal support in Missouri. The court must determine whether spousal support is appropriate based on a variety of factors, and a postnuptial agreement cannot override that determination.
Finally, postnuptial agreements cannot be used to limit a spouse`s ability to seek a divorce in Missouri. If one spouse wants to end the marriage, they have the right to do so regardless of whether a postnuptial agreement is in place.
What should be included in a postnuptial agreement in Missouri?
If you`re considering a postnuptial agreement in Missouri, there are several things that should be included:
1. A full and accurate list of all assets and liabilities owned by both spouses.
2. Clear and specific provisions detailing how property and debts will be divided in the event of a divorce or separation.
3. Provisions concerning spousal support, if desired.
4. Provisions concerning inheritance rights, if desired.
5. A statement that both spouses have had an opportunity to review the agreement with an attorney.
In conclusion, postnuptial agreements are binding in Missouri, but there are some limitations. If you`re considering a postnuptial agreement, it`s important to work with an experienced attorney who can guide you through the process and ensure that the agreement is enforceable.