Tying the knot in the Show-Me State? Congrats! Next on your to-do list? A prenuptial agreement! But before you dive into the prenup process, it’s important to understand what you’re getting into. From the legal requirements to what happens without a prenup, we’ve got the top six things to know about prenuptial agreements in Missouri before walking down the aisle. Let’s dive in!
1. The laws governing prenups in Missouri
Missouri is one of the handful of states that has not yet adopted the Uniform Premarital Agreement Act (UPAA). This means that Missouri has its own statutes and case law, which shape the requirements for a valid and enforceable prenup. Here’s what to know:
- The agreement must be in writing, signed, and notarized or witnessed
- Each party must provide full financial disclosure to the other party
- The agreement must be entered into voluntarily (not under duress or other force)
- The agreement must not be unconscionable (meaning overly one-sided and/or unfair)
- The agreement must not include unenforceable clauses, such as matters about child support/custody
These rules are put in place by the Missouri legislature and judiciary to ensure a fair agreement and avoid fraud. See Mo. Rev. Stat. § 451.220 and Gould v. Rafaeli, 822 S.W.2d 494 (1991) for the fine print.
2. Getting your Missouri prenuptial agreement notarized or witnessed
According to Mo. Rev. Stat. § 451.220, a prenuptial agreement in the state should be notarized or witnessed by at least one person. The act of notarization is signing the document in front of a notary public. The notary public verifies the signer’s identity, confirms they understand what they are signing, and attests to the signing. In addition, the notary public attaches their registration number and notary seal to the document. This adds a level of protection to the agreement that ensures the document was actually signed by each person and that the parties were aware of what they were signing.
Alternatively, you can also have the prenuptial agreement witnessed in Missouri, and it will have the same effect. This is also a simple process, and requires having a competent adult witness watch you and your partner sign the agreement. This also provides a similar level of protection that helps deter questions of fraud.
3. The details of financial disclosure
Financial disclosure is the process by which both parties to a prenuptial agreement share the full value of their income, assets, debts, and future inheritances. Both parties must acknowledge their partner’s finances and share their own. This requirement puts both parties on notice of one another’s financial situation so they can make informed decisions within the agreement.
For example, if one party is secretly in hundreds of thousands of dollars in debt, their future spouse will likely want to understand these obligations when agreeing to certain terms about debt in the prenuptial agreement. As another example, one partner may be making a lot more money than expected, and this information may be crucial to determining whether or not to waive spousal support in the agreement.
4. You can amend your prenup if needed
While good prenuptial agreements typically account for future changes, sometimes things are totally unexpected. For example, if one party receives a very large unexpected inheritance, and one or both parties may want to change certain arrangements in terms of property division and/or spousal support. Or maybe one party decides to start a business, and wants to address the new business in the agreement specifically.
Amending a prenuptial agreement in Missouri prior to marriage is simple—it requires following the same requirements that you did in the original agreement. This includes putting it in writing, signing it, and having it notarized/witnessed. The same enforceability rules apply as well—financial disclosure, fairness, and voluntariness.
If you want to amend, or strengthen, your premarital agreement after marriage, this is referred to as a postnuptial agreement.
5. What happens in a divorce without a prenup
It’s important to know what’s at risk if you don’t get a prenuptial agreement. In Missouri, courts follow the legal framework known as equitable distribution, which says that property in a divorce (without a prenup) is divided equitably, not necessarily 50-50. Instead, a judge will look at a set of state factors to determine how to divide up assets between a couple. (Mo. Rev. Stat.
- 452.330). These factors include each party’s contribution to the marriage, their economic circumstances, and conduct during the marriage. So, as you can see, how assets will be distributed can be variable depending on the judge and your specific circumstances.
With a prenuptial agreement, each party can override these default laws in Missouri to ensure that their property is divided how they deem fair and reasonable, rather than a judge who doesn’t know you or your spouse.
6. Prenuptial agreements help create a stronger marital foundation
Prenups are not just about protecting individual financial interests. They’re also about aligning future spouses on certain financial aspects and life goals, such as managing money during the marriage, retirement goals, family planning (understanding if one person will stay home with the children or not in order to work out spousal support terms), what happens when one spouse dies, and more. These conversations help align spouses to make sure they’re both on the same page prior to tying the knot. In fact, 83% of HelloPrenup couples actually felt closer together after finishing their prenup, demonstrating how powerful the prenup process can be for relationships.
The bottom line on prenuptial agreements in Missouri
As you can see, getting a prenup in Missouri is relatively simple. Just put the agreement in writing, sign it, and have it notarized or witnessed. Make sure both parties provide full financial disclosure to ensure informed decisions about the agreement. In addition, make sure to enter into the prenup voluntarily and create an agreement that is reasonable and not overly one-sided or unfair. The bottom line is that prenuptial agreements allow you and your partner to override Missouri state law and create an arrangement that fits your needs and goals. Happy planning!
Alyssa S. Hodges is the founding attorney of ASH LAW, a boutique law firm focused on fierce family law advocacy and thoughtful estate planning. In 2023, Ms. Hodges earned her LL.M. in tax law from Washington University School of Law in St. Louis. An experienced trial attorney and appellate lawyer, Ms. Hodges has helped clients from all backgrounds protect millions of dollars in assets during divorce. ASH LAW is located on the Country Club Plaza in Kansas City, Missouri, with attorneys licensed in both Missouri and Kansas.
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