St. Charles Prenuptial & Postnuptial Agreements Lawyer

Seasoned Legal Guidance on Marital Agreements from Our St. Charles County Attorneys

Whether they have a significant amount of assets coming into a marriage or going into a second or third marriage, individuals may want to protect their assets in the event of a divorce. Fortunately, Missouri law recognizes prenuptial and postnuptial agreements, which are a type of contract that can be entered into either before or after marriage to help protect assets.

If you are interested in creating a prenuptial or postnuptial agreement in Missouri, our St. Charles lawyers are prepared to offer their legal guidance. We have a firm understanding of state laws in order to successfully help you create these agreements and make sure they are fulfilled.

Our St. Charles prenuptial or postnuptial agreement attorneys are ready to help you write a draft. Contact us online or call at (636) 400-1177 now to get started!

What Are the Benefits of Prenuptial & Postnuptial Agreements?

While it may seem difficult and not romantic, couples may benefit from discussing finances early in the relationship and establishing added trust concerning money matters.

However, the courts view these agreements with immense scrutiny, ensuring that both sides have made full disclosure of all asset and financial information and each party seeks separate counsel prior to entering the contract. As long as the agreement isn’t unfairly one-sided, these agreements will be upheld in court.

How Do I Create a Prenuptial or Postnuptial Agreement in Missouri?

Creating a prenuptial or postnuptial agreement involves several key steps, including:

• Consultation with a Lawyer: Engage with our St. Charles prenuptial and postnuptial agreements lawyer. Legal counsel is crucial to ensure that the agreement is valid, enforceable, and tailored to your specific needs.
• Full Financial Disclosure: Both parties must provide a comprehensive disclosure of their assets, debts, and income. 
• Drafting the Agreement: After gathering the necessary information, we can draft the agreement as your St. Charles attorneys. This document will clearly outline how assets will be divided in the event of a divorce and address other financial matters.
• Review and Negotiation: Once the draft is complete, both parties should review the terms carefully. It’s common for negotiations to occur at this stage to ensure both partners are satisfied with the final agreement.
• Independent Legal Counsel: Each party should ideally have their own attorney review the agreement before signing. This helps ensure that both sides fully understand the implications of the agreement and that there are no conflicts of interest.
• Signing the Agreement: After all parties are satisfied, the agreement is signed. It’s crucial to keep copies of the signed agreement in a safe place.

Over 50 Years of Experience in Family Law

At Smith Law Offices, LLC, we are dedicated to protecting the rights and the future of our clients. With more than 50 years of collective experience, our St. Charles attorneys understand what can be potentially at stake in the event of a divorce and have assisted our clients in drafting and developing their prenuptial and postnuptial agreements.

Commonly Asked Questions 

Can a Prenuptial Arrangement Include Child Custody Arrangements?

While a prenuptial agreement can address financial matters, child custody and support issues are typically better handled in a separate agreement. Courts prefer to determine custody based on the best interests of the child at the time of divorce.

How Enforceable are Prenuptial & Postnuptial Agreements in Missouri?

When created in accordance with Missouri laws and with full financial disclosure, these agreements are generally enforceable. However, courts will scrutinize them to ensure fairness and voluntariness.

What Happens If My Spouse Refuses to Sign a Prenuptial or Postnuptial Agreement?

If one party is unwilling to sign, the agreement cannot be enforced. It’s essential to have open discussions and possibly seek mediation to address concerns and find common ground.

Can a Prenuptial or Postnuptial Agreement Be Changed?

Yes, these agreements can be amended or revoked by mutual consent of both parties. It’s advisable to consult with our firm to ensure that any changes are properly documented and executed.