Premarital Agreements Attorney in Kansas City, Missouri
Before getting married, having a premarital agreement with your prospective spouse is crucial to protect your assets, property, finances, and inheritance. A prenup can help engaged couples define the expectations and financial responsibilities of each party during the marriage. Should a marital breakdown occur or if one spouse dies, a prenuptial agreement can help specify each person's property rights and settle financial issues.
If you need assistance when establishing a premarital agreement with your engaged partner, you should speak with an experienced Missouri family law attorney for reliable advocacy. At Maria Dugan Law, I proudly guide clients in family law matters, including premarital and post-marital agreements. As your legal counsel, I can educate you about the benefits of having a prenuptial agreement and ensure it is valid and binding.
My firm – Maria Dugan Law – proudly serves clients across Kansas City, Missouri, and the surrounding areas of Blue Springs, Independence, Grain Valley, Lafayette County, Cass County, Jackson County, Platte County, and Clay County.
Premarital Agreements in Missouri
A premarital agreement, also known as a prenuptial agreement or prenup, is a written marital agreement entered into by unmarried couples prior to getting married. The prenup contains information about each person's property, assets, and debts and clarifies how property distribution will be handled in the event of a divorce or the death of one of the spouses.
What Do Premarital Agreements Cover?
A prenuptial agreement typically covers the following matters:
Premarital assets and property.
Provisions for children from a previous relationship or marriage.
The financial responsibility of each spouse.
Protections from the debts and liabilities of the other spouse.
Protections for estate plans.
Instructions for property division in a divorce.
Retirement assets, savings, and accounts.
Provisions for keeping the family business or property within the family.
What Don't They Cover?
In contrast, a prenuptial agreement may not cover the following provisions:
Provisions that encourage divorce.
Details about personal matters.
The premarital debts of each spouse.
Decisions about child support, child custody, and parenting time.
Matters that are against public policy or illegal.
Relinquishing spousal support or alimony rights.
A seasoned Missouri prenuptial agreement attorney can listen to your situation and help you make informed decisions when drafting or modifying your premarital agreement.
Can They Be Modified?
Yes, you can modify the terms of your prenuptial agreement, provided that your partner agrees to the adjustments. To "re-up a prenup," you can add to the existing prenup or sign a separate agreement that changes the terms of the original prenup.
A lawyer can help create an addendum to the initial premarital agreement. Also, you and your partner must witness and properly sign the new prenup. Once signed, the new modifications will become part of the premarital contract, and the new terms will reflect.
Who Should Get One?
Contrary to popular belief, a prenup isn't only for famous celebrities and couples, individuals who are rich and wealthy, or the upper class. You should consider establishing a prenup if:
You or your partner are entering the marriage with several properties and assets.
You're going into the marriage with substantial assets and finances compared to your partner.
You own a personal business.
You or your partner have children from a previous relationship or marriage.
You are remarrying for the second, third, or more time.
You or your partner are coming into the marriage with huge liabilities or debts.
You want to preserve your assets, finances, and future.
Whether you have large assets, small assets, or a business, you and your engaged partner can benefit from having a prenup.
Why Marital Agreements Are Important
Here is some importance of having a marital agreement:
It helps protect your estate plans.
It helps create clear boundaries and make your affairs easier in the long run.
It allows you to have an open and honest conversation with your partner concerning the things that matter to you the most.
It helps define the expectations, duties, and responsibilities of each spouse.
It helps protect your assets, inheritance, money, and family businesses.
It protects you from future uncertainties.
It helps you determine how assets will be divided in a divorce.
It helps you outline how household bills, living expenses, and other finances will be handled.
It allows you to make adequate provisions for minor children from previous relationships or marriages.
A seasoned Missouri premarital agreements attorney can help craft a prenup that fits your unique needs and ensures that the agreement is valid and enforceable.
Ensuring It’s Enforceable
To ensure that a marital agreement is valid and enforceable in Missouri, it must meet the following requirements:
It must be in writing.
It must be signed by both parties.
Both parties must enter into the agreement "freely, willingly, fairly, understandingly, in good faith, and with full disclosure."
There should be enough time for both spouses to discuss and review the agreement before the wedding.
You and your partner must have relatively equal bargaining power.
There should be full disclosure of your asses and finances.
Each spouse must be represented by a separate attorney.
A reliable lawyer can offer you the trusted advocacy you need to draft a valid, legally-binding, and enforceable prenuptial agreement.
How Legal Counsel Can Help
Creating a marital agreement allows engaged partners to achieve financial security and clarify expectations in their impending marriage. However, drafting the prenuptial agreement often involves several complex procedures and paperwork. Therefore, when establishing a premarital agreement, consulting with a dependable family law attorney can be extremely beneficial.
For over 25 years, I have given my career to offering experienced legal services and helping clients throughout Missouri create their marital agreements. Using my broad knowledge, I can help draw up a prenup that fits your unique needs and ensure that it covers all necessary provisions. In addition, I will advocate for your best interests and help make sure the agreement is legal, valid, and enforceable.
Premarital Agreements Attorney Serving Kansas City, Missouri
If you need detailed guidance when drafting a premarital agreement, contact me at Maria Dugan Law today to schedule a simple consultation. I have the personalized legal counsel and trusted advocacy you need to navigate key decisions when drafting your prenuptial agreements. My firm proudly serves clients across Kansas City, Blue Springs, Independence, Grain Valley, Lafayette County, Cass County, Jackson County, Platte County, and Clay County, Missouri.