There’s something undeniably special about building a life together in Missouri. Whether you’re planning a vineyard wedding in Hermann, settling down in a quiet Kansas City suburb, or making a home near the Ozarks, Missouri offers a beautiful blend of tradition, charm, and affordability for couples starting their next chapter. And while your wedding to-do list might already be overflowing with venue tours and cake tastings, adding a prenuptial agreement to the mix could be one of the smartest decisions you make. As more and more couples are learning a prenup can actually help build trust and transparency at the outset of a marriage. But, do I need a lawyer for a valid prenup in Missouri? And, what are the requirements for a valid prenup in Missouri? Continue reading to find the answers to your questions and to learn more about prenuptial agreements in your beautiful state.
Do I need a prenup lawyer in Missouri?
You can draft a prenuptial agreement in Missouri on your own or use a DIY online template, but doing so carries real risk. This risk becomes clear especially later on, when emotions, asset growth, or power imbalances set in. A well‑drafted prenup is as much about preventing future legal fights as it is about protecting today’s assets. Because Missouri courts will scrutinize the circumstances under which the agreement was made, having a lawyer involved in drafting can dramatically increase the odds your agreement holds up.
Can we share a lawyer?
Sharing a lawyer for your prenup is not advisable. When both parties share the same lawyer, questions about undue influence or lack of independent advice can be raised more easily if the agreement is later challenged. Missouri courts expect that the parties entered the agreement freely, fairly, knowingly, and with full disclosure. If both of you independently meet with your own attorneys, that strengthens the enforceability of the agreement. Courts look for signs that neither spouse was pressured, left in the dark, or forced into signing under conditions of duress.
Do we both need a lawyer, or can I just hire one?
You don’t legally have to each have your own attorney, but it’s strongly recommended. The more independent advice each party has, the less likely a court will set aside the agreement on grounds of unfairness or coercion. Even one spouse hiring counsel helps show that you considered the agreement seriously and understood what you were giving up. In contrast, if one spouse is unrepresented or didn’t understand the terms, courts are more likely to question whether the agreement was valid. Equally important to note is that the agreement should be drafted with clear, plain language and executed with plenty of time before the wedding, so no one feels rushed. If you wait until the week of your wedding to finalize it, that timing itself can be used later as evidence of duress. Missouri case law In re Marriage of Thomas has emphasized those time and bargaining position factors (In re Marriage of Thomas (2006)).
Can I write my own prenup in Missouri?
Technically, yes. You can write your own prenup in Missouri. But that doesn’t mean you should. Missouri has not adopted the Uniform Premarital Agreement Act (UPAA), which means there are fewer standardized rules about what makes a prenup valid, and more room for courts to scrutinize agreements on a case-by-case basis. That makes the risk of getting it wrong significantly higher. A prenup that’s poorly drafted, lacks proper financial disclosure, or appears one-sided can easily be challenged, and possibly thrown out, during a divorce. Common missteps, like vague language, signing too close to the wedding date, or omitting crucial disclosures, can render your agreement unenforceable. Without legal training, it’s incredibly easy to miss something essential or include terms that violate Missouri public policy. And unlike a typo in your wedding program, a mistake in your prenup could cost you dearly. Having an experienced attorney review and draft your agreement ensures it’s legally sound, customized to your circumstances, and built to withstand scrutiny. In other words, it’s not just about making a document. It’s about creating something that will actually protect you.
What are the requirements for a valid prenup in Missouri?
Missouri is one of the few states that has not adopted the Uniform Premarital Agreement Act (UPAA), meaning courts rely more heavily on existing statutes and court decisions. Under Missouri statute RSMo § 451.220, marriage contracts that affect estate or property rights must be in writing and acknowledged or proved to have effect. Because of that, a handwritten or verbal “agreement” is generally not enough under Missouri law. A Missouri prenuptial agreement must meet multiple criteria, not just a formal signature, but also fairness, disclosure, and voluntariness. Below is a consolidated list of what is required for a valid prenup in Missouri.
- It must be in writing and signed by both parties before marriage.
- It should be acknowledged or proved or witnessed and notarized to satisfy Missouri’s statute. (RSMo § 451.220)
- Full and fair financial disclosure is essential unless a valid waiver is executed.
- The agreement must be entered into voluntarily, free of duress or coercion.
- The terms must be conscionable, meaning not overly one-sided or oppressive. Even if the agreement is fair when signed, circumstances could change so drastically that enforcing it later would be unjust. Courts sometimes refuse enforcement under changed circumstances.
- The agreement must not attempt to govern child support or custody, which are public decisions best left to courts.
- It must not attempt to dispose of rights or benefits that are contrary to public policy or statutory protections.
In addition to the list above, timing is a critical factor. If you handed the prenup to your partner just days before the wedding, or insisted on signing in front of family or guests, that might provide grounds to argue coercion. Courts often examine how much time was given to review and negotiate.
Where do I find a prenup lawyer in Missouri?
If you’re looking for a prenup attorney in Missouri, the best place to start is with a family law attorney who has specific experience drafting and reviewing prenuptial agreements. Local bar associations, such as those in St. Louis, Kansas City, or Springfield, often have referral services that can connect you with qualified professionals in your area. You can also browse reputable online legal directories, but be sure to look for attorneys who focus specifically on family law or estate planning. Those are the areas where prenuptial experience is often strongest. If you already have a business or estate planning attorney, they may be able to recommend someone they trust who handles prenups. It can also be helpful to schedule an initial consultation to ensure the attorney understands your goals and is familiar with Missouri’s unique legal landscape, especially since the state hasn’t adopted the Uniform Premarital Agreement Act. Ultimately, a great prenup lawyer should not only be knowledgeable about the law, but also someone who makes you feel heard, respected, and confident about protecting your future. When you screen a prenup attorney, good indicators include experience drafting prenups, comfort defending them in court, and knowledge of Missouri case law.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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