Expert Estate Planning And Divorce Services

A prenuptial agreement is a contract, entered into before marriage, detailing  the rights of each spouse in the event of divorce or death. A prenuptial agreement might be right for you if you want to decide for yourself what happens to your property. If you don't have a prenuptial agreement, Missouri law will dictate how your property is divided upon dissolution of your marriage.

Prenuptial agreements can cover how to pay premarital debts, how premarital and marital assets will be divided, and whether or not either spouse will receive maintenance payments, also known as alimony. One of the main things a prenuptial agreement cannot cover is future child custody and support matters. These decisions are based on the best interest of the children at the time of the dissolution.

To ensure your prenuptial agreement will be enforceable in court you should ensure the following circumstances exist when the agreement is signed: 

• you and your future spouse should have access to your own lawyers
• there should be enough time between the presentation of the agreement and the wedding date to allow for you and your future spouse to discuss and revise the agreement
• you and your future spouse should fully disclose all assets and their values to each other.
• you and your future spouse should be fully informed of your legal rights, and
• you and your future spouse should be of relatively equal bargaining positions (that is, relatively equal in age, sophistication, education, employment, and experience).

At The Binder Firm, we offer prenup and postnuptial agreement drafting. If retained, we will meet with you individually to discuss your goals for your prenuptial agreement. We then draft or review an agreement with you. If drafting, we will work with you to ensure the agreement reflects your wishes and send to the opposing attorney for review with your intended spouse. Once an agreed upon draft is complete we offer notary services to finalize your prenuptial or postnuptial agreement.