Joplin Prenuptial Agreements Lawyer

Couples preparing for marriage may discuss finances, property, and future goals. Working with a Joplin prenuptial agreements lawyer can help you understand how Missouri handles prenuptial agreements. An attorney can also help you identify provisions you may want to include in an enforceable agreement. A well-prepared nuptial contract can address financial expectations before marriage and potential issues that become important later if the marriage dissolves.

Planning Today With Bundy

Marriage is simultaneously a personal decision and a legal union. It allows couples to combine assets, reduce taxes, and share expenses. Many couples who live together before marriage have discussed financial expectations before becoming spouses. Discussing finances can help lessen uncertainty for couples who are getting married but didn’t live together before marriage.

Couples that are often at the point of marriage with established careers or that have families from a previous marriage often seek to sign nuptial agreements. Bundy works with many clients who have complex financial situations that extend beyond typical marital assets. Whether it’s a family business, professional practice, executive compensation, trust, or wealth accumulated before marriage, our Joplin family law attorneys can help you legally put your nuptial goals on paper.

What can a Prenuptial Agreement Cover?

A prenuptial agreement is a written contract signed before marriage, creating terms for financial matters during the marriage or after if the marriage later ends. While every couple is unique, many use prenuptial agreements to define who owns what before the marriage and identify expectations for property acquired in the future. Some of the common topics addressed in a prenuptial agreement are listed below:

• Separate property vs. marital property
• Business ownership interests
• Investment accounts & retirement planning
• Responsibility for debt accumulated before marriage
• Estate planning goals
• Future asset appreciation

Although you have flexibility in drafting a prenuptial agreement, certain provisions may not be upheld by Missouri courts. For instance, couples cannot make decisions regarding child custody or child support in a prenup. Instead, family court judges make those determinations based on the best interests of children at the time of the dispute.

Family law decisions in Joplin, Missouri, are heard by the Jasper County Circuit Court located at 302 S Main Street, Joplin, MO 64836.

Missouri Prenup Laws

Missouri has a marriage rate of 5.7 per 1,000 and a divorce rate of 2.6 per 1,000 residents, as recorded by the CDC. A number of these marriages have opted to get a prenuptial agreement to protect themselves and their assets.

In many prenup cases, Missouri’s property division law, Missouri Revised Statutes § 452.330, makes agreements even more important. During a divorce in Missouri, marital property is divided between spouses. A valid prenuptial agreement allows couples to identify separate property that would not be divided during divorce.

When to Consider a Prenuptial Agreement

Contrary to popular belief, a prenuptial agreement is not only for those who are incredibly wealthy. A prenup is a good idea if you have any amount of assets or debts from before the marriage that you want to keep separate, or if you expect substantial asset growth after you get married. Common situations where someone may seek a prenup are listed below:

• First marriages
• Second marriages
• Having a family business
• Anticipating an inheritance
• Having an investment account
• Executive compensation
• Investments

Some couples also use prenuptial agreements to clarify financial expectations when one spouse plans to leave the workforce or pursue advanced education during the marriage. It is recommended to have conversations about and finalize prenuptial agreements months before the wedding, so each party has time to review the provisions agreed on.

Hire a Prenuptial Agreements Lawyer Who Is Knowledgeable and Experienced in Joplin

Anyone who plans to hire a prenuptial agreements lawyer in Joplin likely has financial circumstances that are unique and could benefit from individualized planning. A Joplin prenuptial agreements attorney may consult with various professionals, such as an accountant and financial advisors, on your behalf. This is especially important if your agreement involves a family business, investment accounts, or transfers of wealth that span generations.

FAQs

Are Prenups Enforceable in Missouri?

Yes, prenuptial agreements are typically enforceable in Missouri if they were entered into voluntarily by both parties and the agreement must be in writing. For example, courts look at whether there was a fair and reasonable financial disclosure by both parties and whether the agreement was properly executed. If a prenup is not legally valid, then a court can refuse to enforce all or part of the agreement.

What Voids a Prenup?

There are several reasons that could cause a court to declare a prenuptial agreement invalid. For example, if one spouse can prove that the other spouse committed fraud or otherwise coerced him or her into signing the agreement, this may void the agreement. Another reason an agreement may be voided is if a party did not make adequate financial disclosures prior to signing the agreement.

How Long Do Prenups Last in Missouri?

If your prenuptial agreement is valid, it typically remains in effect for the duration of your marriage. A prenuptial agreement can be revoked or amended by you and your spouse at any time. Once the marriage ends, either by divorce or death, the agreement can dictate how long certain provisions last.

Can My Wife Take My House If I Bought It Before Marriage in Missouri?

Whether your wife can take your house that you bought before marriage in Missouri depends on the circumstances of your marriage. However, if you used marital funds to pay the mortgage or added your spouse’s name to the title of the house, she may be entitled to a portion of the home. Speaking with a qualified Joplin prenuptial agreements attorney can educate you with regard to your specific circumstances.

Bundy, Your Trusted Local Legal Partner in Joplin

Couples can use a prenuptial agreement to settle financial concerns prior to marriage, avoiding potential future conflicts. Familiarize yourself with Missouri’s rules on prenuptial agreements, typical clauses couples opt for, and the conditions that render a premarital contract legally valid. You and your future spouse can then decide if a premarital agreement is right for you and your long-term financial plans. Contact Bundy to learn more.