Since divorces have become more common over the years, nuptial agreements have begun to become more and more common. These agreements can protect physical possessions such as homes, cars, and wealth, as well as intellectual property, including patents, copyrights, and trademarks.
Most couples who seek to file a nuptial agreement do so in order to protect their individual best interests should they ever wish to dissolve their marriage. These agreements can include ownership and rights to certain possessions to avoid complicated litigation processes. They can also include mutual decisions, such as the agreement that neither spouse will receive spousal support after the dissolution.
So who most commonly opts to enter into an agreement like this? Most often couples who enter into a marriage where one or both spouses possess a number of important assets will opt to make a legal agreement ahead of time. Likewise, couples who are entering into a new marriage with children from a previous marriage may wish to protect the best interests of their children should the marriage someday end. These agreements prevent complicated, high-stakes litigation and potentially devastating losses that may come as a result.
Pre-Nuptial and Post-Nuptial Agreements in Missouri
Missouri is an abnormal state for these nuptial agreements in that there is no legal statute in place which a judge may use to enforce an ante-nuptial (or pre-nuptial) agreement. Should one of these documents be taken to court, the deciding judge will only have case law to follow, which means their admissibility may be called into question. Some family law attorneys won’t even prepare these documents, as they take an extremely high level of care and attention to detail to ensure they are legally sound and protect the best interests of their clients.
For this reason, most Missouri couples who looking to protect their interests will go the route of a post-nuptial agreement. These are executed after the marriage certificate is signed, but perform essentially the same functions. Unlike pre-nuptial agreements, there is a statute in place to support post-nuptial agreements, making them far simpler to execute and far more accepted in a court of law.
If you are looking to create a pre-nuptial or post-nuptial agreement for your marriage, the skilled St. Louis family law attorneys at the Kallen Law Firm have the experience and legal knowledge you need in your corner. Our Avvo Superb-rated lawyer Craig G. Kallen has assisted in drafting numerous marital agreements, and can assist you in the creation of a fair and protective nuptial agreement. We can also assist you by vetting a drafted document on your behalf and working with you on negotiating mutually balanced terms.
Pick up the phone and call the Kallen Law Firm at 314.441.7793 to start exploring your options.