On behalf of Stange Law Firm, PC posted in Family Law on Thursday, September 21, 2017.
As Missouri couples approach marriage at a later age and with more developed career paths, prenuptial agreements can be an appealing option to protect both parties’ interests. The thought of disentangling personal businesses, investments and retirement funds upon divorce can be particularly troubling for couples consisting of two high-powered career achievers.
For others, matters of inheritance can lead people to consider prenuptial agreements, especially in the cases of future inheritances which involve family properties, businesses or heirlooms that are expected to stay within the family circle. In any case, prenuptial agreements can be an important part of marriage planning for many couples.
In order to develop a successful agreement, it is important that couples follow all of the guidelines of state law or the agreement could be discarded later in court. A valid agreement must be committed to writing and involve full disclosure of both parties’ assets and liabilities. Furthermore, prenuptial agreements aren’t a last-minute matter; in order to ensure their validity, they should be negotiated and signed well in advance of the wedding. Asset and liability disclosure is a critical part of the prenuptial agreement process. If either are hidden, the document could later be overturned.
Couples planning on a prenuptial agreement can find important support and help by engaging a separate family law attorney for each party. The attorney can provide advice and ensure that the prenuptial agreement meets all of the requirements of state law to be upheld in court. This process can be conducted through mediation or a collaborative law environment that keeps both future spouses on the same team even as they receive necessary legal advice and guidance.
