Drafting a prenuptial agreement can be a valuable and effective way to ensure partners enter a marriage on the same page. While many Missouri couples might turn to digital templates to save time, relying on generic documents can leave you vulnerable to costly gaps, oversights and legal complications like those we explore below, ultimately making them invalid.
It fails the fairness test
Missouri courts look closely at whether an agreement was unconscionable when it was signed. This means the terms cannot be so one-sided that they shock the conscience of the court.
For instance, if a divorce would leave one spouse with nothing while the other retains everything, a judge may decide the contract is fundamentally unfair. Judges assess the age, health and earning capacity of both partners to determine if the deal was oppressive.
It’s not comprehensive and accurate
Full transparency is the bedrock of a valid Missouri prenup. It’s hard to make an informed waiver of property rights if you don’t know what property and debts exist. If a person fails to provide a comprehensive list of debts and assets, the court can set the agreement aside for lack of informed consent.
To ensure the agreement holds up, both parties should exchange detailed financial information including:
- Current real estate holdings and mortgage balances
- Retirement accounts, stocks and business interests
- Student loans and personal credit card debt
Providing this level of detail prevents a judge from ruling that one party was misled into signing away their rights.
It wasn’t properly executed
In Missouri, a prenup generally must be in writing and signed by both partners to be enforceable. Ideally, each person has time to review it and the chance to consult their own attorney before signing. Simply printing a PDF and signing it the night before your wedding at the kitchen table may not satisfy a judge.
If the document was signed under pressure or too close to the wedding date, it creates a risk that the agreement was not voluntary.
It would be an unfortunate surprise to wind up getting divorced and relying on a prenuptial agreement that doesn’t hold up in court. By that point, you and your partner will likely be in a much different frame of mind and financial positions. Because you can’t go back in time, working with an attorney to get it right from the beginning is crucial.
