St. Louis Prenup Agreements Lawyer
While it is never pleasant to think that a marriage may end in divorce, taking appropriate steps to protect your future is advisable. Entering into an agreement with your partner before getting married can help solidify your property rights, control the terms of a potential divorce decree, and provide certainty for the future.
A St. Louis prenup agreements lawyer can help explain the role that these spousal contracts can play in a marriage and potential divorce. If you think a prenup could be beneficial in protecting your rights, a well-versed ally from our team can help you draft legally binding documents.
What is the Role of a Prenup before and after a Marriage?
A prenuptial contract can provide certainty and stability for a future marriage. For example, entering into a pre-marital contract can be an effective way for engaged couples to measure their assets, which is useful in case of future property division.
Once you are married, you and your spouse will share property rights to all of your marital assets. According to Missouri Revised Statute §452.330(2), marital property is defined as any assets a couple acquires during the course of their marriage, with the exception of any property obtained via inheritance or gift. This means that any property which was owned prior to marriage may remain separate property and not be subject to division upon divorce or separation, so long as it is not commingled with marital property.
The terms of a legally valid prenup will be implemented into a final divorce decree. However, it is important to note that these agreements have no legal effect if the marriage does not end with a divorce or separation. A St. Louis attorney can help ensure that your prenup agreement addresses all of the necessary elements to adequately safeguard your future before you get married.
Legal Effects of Prenups during a Divorce
Family law judges have great discretion when issuing divorce decrees when the two parties cannot come to terms during settlement talks. Entering into a valid and comprehensive prenuptial agreement can provide certainty about the following marital issues:
- Division of a marital home
- Ownership of a family business
- The payment of alimony
- Allocation of marital debt
However, regardless of whether a couple already shares children or later has a child, a prenup cannot contain terms on child custody or support.
According to MO Rev. Stat. §451.220, these agreements must be submitted in writing, contain the signatures of both parties, and be signed by witnesses. Additionally, all parties must sign the agreement willingly and with proper knowledge of the information contained within its terms. It is important that you have an attorney with experience in drafting prenuptial agreements to ensure your agreement is upheld by the Court. The earlier a prenuptial agreement is drafted prior to the wedding, the better. This is important both for your own clarity, stress, and sanity while planning a wedding and helps ensure the Court will uphold the agreement. A lawyer in St. Louis can help ensure the enforceabilty of a prenup contract and craft documents that fit the state’s legal requirements.
Enlist the Help of St. Louis Prenup Agreements Attorney Today
When you are preparing for marriage, it is easy to get swept away with creating guest lists, booking venues, and selecting a wardrobe. However, it is important to evaluate how a wedding will affect your legal rights and what may happen if your marriage ends in divorce or separation.
A prenuptial agreement is one way for you to maintain control over the future, as it can override a judge’s opinions about the distribution of property, the assignment of debt, and the payment of spousal maintenance. By entering into a prenup, you can help secure your future and enter into marriage with a clear understanding of your assets and obligations. Get in touch with a St. Louis prenup agreements lawyer today to start drafting or to assist you in reviewing a prenuptial contract you have been presented with.