Prenuptial Agreement

Springfield Prenuptial Agreement Attorneys

Protecting Your Assets & Your Future

At Scott G. Taylor Attorney at Law, we understand that the idea of a prenuptial agreement can be uncomfortable. However, we also know that these agreements can be incredibly beneficial for both parties. Our Springfield prenuptial agreement lawyers can help you draft a fair and legally binding prenup that protects your assets and your future.

Call (417) 487-4244 or contact us online to schedule a consultation with our team today.

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract that is entered into by a couple before they get married. This contract outlines how the couple’s assets and debts will be divided in the event of a divorce or the death of one of the spouses. Prenuptial agreements can also address other issues, such as spousal support (alimony) and property division.

Prenuptial agreements can address the following issues, and more:

  • How property will be divided in the event of a divorce
  • Whether or not one spouse will be required to pay alimony
  • How property will be divided in the event of the death of one of the spouses
  • How property will be divided in the event of a legal separation
  • How property will be divided in the event of a move to a different state

It is important to note that prenuptial agreements cannot address child custody or child support. These issues are always determined by the court based on the best interests of the child at the time of the divorce or separation.

Why Get a Prenuptial Agreement?

Many people are hesitant to get a prenuptial agreement because they believe it is a sign that they do not trust their future spouse. However, this is not the case. In fact, a prenuptial agreement can actually help you and your future spouse build trust and open the lines of communication.

There are several benefits to getting a prenuptial agreement, including:

  • Protecting your assets: If you have significant assets, such as a home, a business, or an inheritance, a prenuptial agreement can help you protect these assets in the event of a divorce or the death of one of the spouses.
  • Protecting your business: If you own a business, a prenuptial agreement can help you protect your business assets and ensure that your business remains intact in the event of a divorce or the death of one of the spouses.
  • Protecting your children: If you have children from a previous relationship, a prenuptial agreement can help you protect your children’s inheritance and ensure that they are taken care of in the event of a divorce or the death of one of the spouses.
  • Protecting your future: A prenuptial agreement can help you and your future spouse have an open and honest conversation about your finances and your goals for the future. This can help you build trust and ensure that you are on the same page before you get married.

At Scott G. Taylor Attorney at Law, we understand that every couple is unique. Our Springfield prenuptial agreement attorneys can help you draft a prenup that is tailored to your specific needs and goals. We can also help you and your future spouse negotiate the terms of your prenup and ensure that your rights and interests are protected throughout the process.

How to Get a Prenuptial Agreement

Getting a prenuptial agreement is a relatively simple process. However, it is important to work with an experienced attorney who can help you draft a fair and legally binding prenup.

Here are the steps to getting a prenuptial agreement in Missouri:

  1. Discuss the idea with your future spouse: Before you can get a prenuptial agreement, you and your future spouse must be on the same page. You should discuss the idea of a prenup with your future spouse and explain why you think it is a good idea. You should also be prepared to listen to your future spouse’s concerns and address them as best you can.
  2. Work with an attorney to draft the agreement: Once you and your future spouse have agreed to get a prenuptial agreement, you should contact an experienced attorney who can help you draft the agreement. Your attorney will help you draft a prenup that is tailored to your specific needs and goals. They will also ensure that your prenup complies with Missouri law and that it is fair and legally binding.
  3. Review the agreement with your future spouse: After your attorney has drafted the agreement, you should review it with your future spouse. You should both read the agreement carefully and make sure you understand all of the terms. If you have any questions or concerns, you should address them with your attorney before you sign the agreement.
  4. Sign the agreement: Once you and your future spouse are satisfied with the agreement, you should sign it. You should both sign the agreement in front of a notary public. Your attorney can help you find a notary public who can notarize your prenup.
  5. Keep a copy of the agreement: After you sign the agreement, you should keep a copy of it in a safe place. You should also give a copy of the agreement to your future spouse. If you decide to get married, you should keep a copy of the agreement with your other important documents.

It is important to note that prenuptial agreements are not enforceable if they are signed under duress or if they are unconscionable. A prenuptial agreement is considered unconscionable if it is so one-sided that it is fundamentally unfair to one of the spouses. If you and your future spouse are unable to agree on the terms of your prenup, a judge may find that the agreement is unconscionable and refuse to enforce it.

How to Invalidate a Prenuptial Agreement

If you and your future spouse are unable to agree on the terms of your prenuptial agreement, you may be able to invalidate the agreement. However, you will need to prove that the agreement is unconscionable and that you signed it under duress.

Here are some of the factors that a judge will consider when determining whether or not a prenuptial agreement is unconscionable:

  • Whether or not you and your future spouse had the opportunity to review the agreement with an attorney
  • Whether or not you and your future spouse had the opportunity to negotiate the terms of the agreement
  • Whether or not you and your future spouse had the opportunity to review the agreement before you signed it
  • Whether or not you and your future spouse had the opportunity to understand the terms of the agreement
  • Whether or not the agreement is so one-sided that it is fundamentally unfair to one of the spouses

If you believe that your prenuptial agreement is unconscionable, you should contact an experienced attorney as soon as possible. Your attorney can help you gather the evidence you need to prove that the agreement is unconscionable and that you signed it under duress. They can also help you file a motion to invalidate the agreement and represent you in court.

How to Get a Prenuptial Agreement in Missouri

In Missouri, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). The UPAA is a set of laws that was created to make it easier for couples to get prenuptial agreements. Under the UPAA, prenuptial agreements are generally enforceable as long as they are in writing and signed by both parties.

Here are some of the requirements for a valid prenuptial agreement in Missouri:

  • The agreement must be in writing
  • The agreement must be signed by both parties
  • The agreement must be notarized
  • The agreement must be entered into voluntarily
  • The agreement must be fair and reasonable
  • The agreement must be entered into by a couple who is planning to get married

It is important to note that prenuptial agreements are not enforceable if they are signed under duress or if they are unconscionable. A prenuptial agreement is considered unconscionable if it is so one-sided that it is fundamentally unfair to one of the spouses. If you and your future spouse are unable to agree on the terms of your prenup, a judge may find that the agreement is unconscionable and refuse to enforce it.

Call (417) 487-4244 or contact us online to schedule a consultation with our team today.

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