Prenuptial Agreement - Missouri

MISSOURI PRENUPTIAL AGREEMENT

This Prenuptial Agreement (the “Agreement”) is made on [__/__/____] by:

• Party A: [FULL LEGAL NAME], of [ADDRESS]; and
• Party B: [FULL LEGAL NAME], of [ADDRESS].

The parties plan to marry on or about [__/__/____]. They intend this
Agreement to become effective only upon their marriage to each other.

1. Purpose and Missouri Standard

The parties wish to identify property, disclose finances, and state their
agreements concerning ownership and division. Each party understands that a
Missouri antenuptial agreement is evaluated for whether it was entered freely,
fairly, knowingly, understandingly, and in good faith with full disclosure, and
whether it is unconscionable. Miles v. Werle, 977 S.W.2d 297, 301-04 (Mo.
Ct. App. 1998).

Each party therefore intends to provide enough information about the nature,
extent, and value of property, debts, and income for the other to make a
meaningful decision about every affected right.

2. Review Process and Voluntary Execution

2.1 Draft and Signing Timeline

2.2 Independent Counsel

Select one for each party:

• Party A: ☐ Represented by [LAWYER / FIRM] ☐ Declined after opportunity to
  retain separate counsel

• Party B: ☐ Represented by [LAWYER / FIRM] ☐ Declined after opportunity to
  retain separate counsel

No lawyer represents both parties. Each party has had the opportunity to ask
questions, request revisions, obtain valuations, and postpone signing.

2.3 Voluntariness Record

Each party states that:

• no threat, ultimatum, fraud, concealment, or improper pressure caused the
  party to sign;

• the wedding date, deposits, travel plans, pregnancy, or family expectations
  have not prevented meaningful review;

• the party understands the Agreement and the rights being changed; and

• the party is signing voluntarily and has received a complete copy.

Additional facts relevant to voluntariness: [DETAILS OR “NONE”].

3. Financial Disclosure

Schedule A and Schedule B are incorporated into this Agreement. Each schedule
must list the nature, ownership, current value or good-faith estimate, income,
and debt associated with each material item. Attach supporting statements,
appraisals, tax returns, benefit statements, and entity records as appropriate.

Each party confirms that the other party's schedule and attachments provide
sufficient information to make a meaningful decision about the rights affected
by this Agreement. Any unknown or disputed value is identified as such rather
than omitted.

3.1 Disclosure Exceptions and Updates

Known omitted, disputed, contingent, or hard-to-value items:

Material changes occurring before marriage must be disclosed in a signed
supplement. Supplements, if any: [EXHIBIT NUMBERS OR “NONE”].

4. Definitions

Separate Property means property designated to a party in this Agreement
or a schedule, together with property later acquired by that party by gift,
bequest, devise, or descent, and traceable property exchanged for it, subject
to the specific terms below.

Joint Property means property that the parties deliberately designate in a
signed record as jointly owned. Title, account records, source of funds, and
the parties' written designation should all be retained.

Marital Property is determined under RSMo § 452.330 except to the extent a
valid written agreement excludes identified property under § 452.330.2(4).

5. Property Owned Before Marriage

5.1 Party A Property

Property listed as Party A's separate property on Schedule A remains Party A's
separate property, subject to Sections 7 and 8.

5.2 Party B Property

Property listed as Party B's separate property on Schedule B remains Party B's
separate property, subject to Sections 7 and 8.

5.3 Possession, Management, and Transfer

The owning party may possess, manage, sell, exchange, or give away separate
property, subject to law and any express written restriction here:
[RESTRICTIONS OR “NONE”].

6. Property Acquired During Marriage

Select the parties' intended rule for each category:

If more than one box is selected for a row, the custom rule must resolve the
conflict. No property changes character solely because this worksheet is
incomplete.

7. Appreciation, Income, and Contributions

RSMo § 452.330.2(5) addresses increases in value of nonmarital property when
marital assets, including labor, contributed to the increase. The parties make
the following deliberate agreement:

• Passive appreciation of a party's identified separate property:
  [REMAINS SEPARATE / CUSTOM RULE]

• Income, rents, dividends, and distributions from separate property:
  [REMAINS SEPARATE / CUSTOM RULE]

• Increase attributable to either party's labor or marital assets:
  [REMAINS SEPARATE UNDER THIS WRITTEN AGREEMENT / FORMULA / CUSTOM RULE]

• Reimbursement or credit for contributions: [FORMULA / NONE]

Records needed to trace contributions and values: [RECORDKEEPING METHOD].

8. Commingling and Retitling

Commingling alone does not automatically make nonmarital property marital
under RSMo § 452.330.4. The parties nevertheless should document transfers and
intent. A deliberate gift, retitling, joint designation, or signed amendment
may affect the parties' agreed ownership as stated in that record.

Rules for deposits into joint accounts, mortgage payments, improvements, and
retitling: [DETAILS].

9. Debts

9.1 Existing Debts

Each party's Schedule lists existing debts, guarantees, tax liabilities, and
contingent obligations. Between the parties, each remains responsible for the
debts allocated to that party below:

9.2 Future Debts

• Individually incurred debt: [RULE]
• Household debt: [RULE]
• Jointly signed debt: [RULE]
• Business debt or guarantee: [RULE]
• Tax debt: [RULE]

No creditor is a party to this Agreement. Obtain a creditor's written release
or consent when the parties intend to change creditor-facing liability.

10. Maintenance

This form does not waive or predetermine maintenance. RSMo § 452.335 states
the eligibility findings and factors a court considers in a dissolution or
legal-separation proceeding.

Select one:

• ☐ Maintenance is fully reserved for determination under Missouri law.
• ☐ The parties want a separately drafted maintenance provision. Missouri
  family-law counsel for each party must attach it as Exhibit [__] after
  analyzing enforceability, fairness, changed circumstances, and the parties'
  complete financial disclosures.

No “public assistance” exception or imported UPAA standard is created by this
Agreement.

11. Retirement and Employee Benefits

Each schedule must disclose present account balances, accrued benefits,
employer contributions, vesting, beneficiary designations, loans, and any
existing spouse-related rights.

This Agreement does not itself waive a retirement-plan survivor benefit,
beneficiary right, or plan-consent requirement. If the parties intend a waiver
or division, they must use separate documents reviewed for the governing plan
and applicable law after marriage when required.

Agreed economic allocation between the parties, if any: [DETAILS OR “NONE”].

12. Estate Rights and Surviving-Spouse Election

Select one:

• ☐ Each party reserves all rights at death unless changed by a later valid
  estate-planning instrument.

• ☐ One or both parties intend to waive the surviving-spouse right of election
  in a separate Exhibit [__].

Under RSMo § 474.220, a waiver of the surviving-spouse election must be in a
writing signed by the waiving party, after full disclosure of the nature and
extent of the right, and supported by a thing or promise that is fair
consideration under all the circumstances. A waiver exhibit must separately
identify:

1. the waiving party and the right being waived;
2. the fully disclosed nature and extent of that right;
3. the consideration given to the waiving party;
4. the facts supporting fairness of that consideration; and
5. any rights expressly reserved.

This Agreement makes no waiver under § 474.220 unless the completed exhibit is
signed and incorporated here.

13. Life Insurance and Estate Planning Commitments

Additional will, trust, deed, or beneficiary-designation commitments:
[DETAILS OR “NONE”].

14. Child-Related Matters

This Agreement does not predetermine custody, parenting time, child support, or
a child's rights. The parties may record present intentions, without creating
a property waiver by a child, here: [INTENTIONS OR “NONE”].

15. Separation or Dissolution Procedure

If the parties separate or a dissolution is filed, each shall provide current
copies of records needed to identify, value, and trace property and debt. The
parties' agreed classification and allocation are:

• Party A separate property: [SCHEDULE / FORMULA]
• Party B separate property: [SCHEDULE / FORMULA]
• Joint or marital property: [DIVISION METHOD]
• Joint or marital debts: [ALLOCATION METHOD]
• Valuation date and method: [DETAILS]
• Sale, refinance, or transfer procedure: [DETAILS]

A court with jurisdiction determines contested enforceability and any matter
not validly resolved by this Agreement. No automatic fee award, specific
performance right, injunction, reformation, liability cap, or preset damages
remedy is created here.

16. General Terms

Governing law. Missouri law governs this Agreement. No exclusive forum,
arbitration requirement, or jury-trial waiver is included.

Amendment or revocation. Any amendment or revocation must be in a signed
writing that identifies the provision changed and is supported by updated
disclosures appropriate to the affected rights. Use the same separate-counsel
and voluntary-execution safeguards used for this Agreement.

Entire agreement. This Agreement and its incorporated schedules and
exhibits contain the parties' full agreement on the subjects addressed.

Severability. If a provision is unenforceable, the remaining provisions
remain effective only to the extent they can operate without changing the
parties' disclosed bargain or creating a term they did not make.

Counterparts. The parties may sign separate counterparts that together
form one Agreement. Retain complete signed originals and all schedules.

17. Final Acknowledgments

Each party confirms that:

• the party read the complete Agreement, schedules, and exhibits before
  signing;

• all blanks affecting that party's rights were completed or marked “none”;

• the other party's disclosure was sufficient for a meaningful decision;
• the party understands the property and estate rights changed or reserved;
• the party had the opportunity for independent legal and financial advice;
• no side promise or oral assurance contradicts this Agreement; and
• the party believes the Agreement is fair and is signing voluntarily.

18. Signatures

Party A

Signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Independent counsel: [NAME / FIRM / “DECLINED”]

Party B

Signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Independent counsel: [NAME / FIRM / “DECLINED”]

19. Notary Acknowledgments

State of Missouri

County of [COUNTY]

On [__/__/____], before me personally appeared [PARTY A NAME], who
acknowledged signing this Agreement voluntarily.

Notary signature: ____________________________________

Printed name: [NAME]

Commission number: [NUMBER]

My commission expires: [__/__/____]

State of Missouri

County of [COUNTY]

On [__/__/____], before me personally appeared [PARTY B NAME], who
acknowledged signing this Agreement voluntarily.

Notary signature: ____________________________________

Printed name: [NAME]

Commission number: [NUMBER]

My commission expires: [__/__/____]

Schedule A — Party A Financial Disclosure

Attachments: [LIST]

Party A certifies this Schedule is complete and accurate to the best of Party
A's knowledge as of [__/__/____].

Signature: ____________________________________

Schedule B — Party B Financial Disclosure

Attachments: [LIST]

Party B certifies this Schedule is complete and accurate to the best of Party
B's knowledge as of [__/__/____].

Signature: ____________________________________

Sources and References

• RSMo § 452.330
• RSMo § 452.335
• RSMo § 474.220
• Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998)