PREMARITAL AGREEMENT
(State of Missouri)
[// GUIDANCE: Replace all bracketed placeholders before execution and attach the completed Financial Disclosure Schedules for each Party.]
DOCUMENT HEADER
This Premarital Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Execution Date”), by and between:
- [FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
- [FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).
RECITALS
A. The Parties contemplate legal marriage to one another on or about [MARRIAGE DATE] in the State of Missouri (the “Marriage”).
B. Each Party desires to define and clarify their respective property rights, obligations, and other matters in the event of death, divorce, separation, annulment, or any other dissolution of the Marriage.
C. The Parties enter into this Agreement freely, voluntarily, and with full disclosure of their respective assets, liabilities, and income, in conformity with applicable Missouri law, including the Uniform Premarital Agreement Act as adopted in Missouri, and in furtherance of public policy favoring the enforcement of fair and voluntary premarital agreements.
NOW, THEREFORE, in consideration of the forthcoming Marriage and the mutual promises herein, the Parties agree as follows:
TABLE OF CONTENTS
- Definitions
- Disclosure & Acknowledgments
- Separate Property
- Marital Property & Joint Property
- Management & Control
- Spousal Support / Maintenance
- Retirement & Employee Benefits
- Life Insurance
- Debts & Liabilities
- Gifts & Inheritances
- Estate Planning; Waiver of Elective Share
- Tax Matters
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Notary Acknowledgments
Schedules — Financial Disclosure (Schedule A: Party A; Schedule B: Party B)
1. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings ascribed to them elsewhere in this Agreement.
1.1 “Agreement” means this Premarital Agreement, including all Schedules and any duly executed amendments hereto.
1.2 “Effective Date” means the date upon which the Marriage is solemnized; provided, however, that the Agreement shall be void ab initio if the Marriage does not occur within one (1) year after the Execution Date.
1.3 “Financial Disclosure Schedules” means, collectively, Schedule A (Party A) and Schedule B (Party B), each containing a full and fair disclosure of that Party’s assets, liabilities, and income as of the Execution Date.
1.4 “Marital Property” has the meaning assigned under applicable Missouri family law but, for avoidance of doubt, excludes Separate Property as defined herein.
1.5 “Separate Property” means any property, real or personal, tangible or intangible, that is (a) owned by a Party prior to the Marriage and listed on such Party’s Financial Disclosure Schedule, (b) acquired by that Party during the Marriage by gift, devise, descent, bequest, or inheritance, (c) traceable proceeds or appreciation thereof, and (d) any property expressly designated as Separate Property by written agreement of the Parties after the Marriage.
1.6 “Joint Property” means property titled in the names of both Parties as joint tenants with rights of survivorship, tenants by the entirety, or tenants in common.
1.7 “Support” means alimony, maintenance, or spousal support as defined under Missouri law.
1.8 “UPAA” means the Uniform Premarital Agreement Act as adopted and in effect in Missouri on the Effective Date.
2. DISCLOSURE & ACKNOWLEDGMENTS
2.1 Financial Disclosure.
Each Party acknowledges receipt of the other Party’s completed Financial Disclosure Schedule. The Parties warrant that such disclosures are complete, accurate, and made in good faith.
2.2 Independent Counsel.
Each Party acknowledges that (a) they have had the opportunity to consult independent legal counsel of their own choosing, (b) they understand the legal rights they are relinquishing or modifying, and (c) execution of this Agreement is knowing, voluntary, and free from duress or undue influence.
2.3 Adequate Time for Review.
Each Party represents that they received a final draft of this Agreement at least [NUMBER] days prior to signing, providing sufficient time for review and consideration.
2.4 Fairness Standard.
The Parties intend that this Agreement be deemed fair and reasonable at the time of execution and not unconscionable at the time of enforcement.
3. SEPARATE PROPERTY
3.1 Confirmation of Ownership.
Each Party’s Separate Property, as listed on their respective Financial Disclosure Schedule, shall remain that Party’s sole and exclusive property.
3.2 Control & Management.
Each Party shall have the unrestricted right to manage, transfer, encumber, or otherwise dispose of their Separate Property without consent of the other Party, and the other Party hereby waives all present and future rights or claims thereto except as otherwise provided herein.
3.3 Appreciation & Income.
All increase in value, appreciation, rents, profits, dividends, and other income derived from a Party’s Separate Property shall likewise be deemed Separate Property unless commingled in Joint or Marital Property in such a manner that tracing is not feasible.
4. MARITAL PROPERTY & JOINT PROPERTY
4.1 Creation of Marital Property.
Except as otherwise provided herein, property acquired during the Marriage in the joint names of the Parties or with joint funds shall be classified as Marital or Joint Property in accordance with Missouri law.
4.2 Intended Characterization.
To the maximum extent permitted by law, property acquired solely in the name of one Party during the Marriage and with that Party’s Separate Property or income therefrom shall be deemed Separate Property.
4.3 Presumption.
In the event of ambiguity, the intent expressed in this Agreement shall control over conflicting presumptions under statutory law.
5. MANAGEMENT & CONTROL
5.1 Joint Decision-Making.
With respect to Joint Property, the Parties shall make all major decisions (including sale, encumbrance, or substantial improvement) by mutual agreement.
5.2 Accounting.
Each Party agrees to maintain accurate books and records of all Separate Property transactions and provide the other Party with reasonable access upon written request.
6. SPOUSAL SUPPORT / MAINTENANCE
6.1 Waiver or Modification of Support.
[SELECT ONE]
(a) ☐ Complete Waiver. Each Party irrevocably waives any present or future right to receive Support from the other Party, except as may be required to avoid public assistance eligibility.
(b) ☐ Agreed Formula. Support, if awarded, shall be calculated in accordance with the following formula: [INSERT FORMULA].
(c) ☐ Reserved. The Parties make no agreement as to Support, and statutory law shall govern.
[// GUIDANCE: Insert only one subsection (a), (b), or (c) and delete the others. Missouri courts scrutinize spousal-support waivers; ensure the selected option remains fair at the time of enforcement.]
7. RETIREMENT & EMPLOYEE BENEFITS
7.1 Characterization.
Any interests in qualified or non-qualified retirement plans, pensions, 401(k)s, IRAs, stock options, or similar benefits accrued (a) prior to the Marriage shall remain Separate Property, and (b) during the Marriage shall be treated per Section 4.
7.2 Waiver of Survivor Benefits.
Each Party hereby waives, to the fullest extent permitted by law, any survivor or spousal benefit arising under the other Party’s retirement plans, unless otherwise elected by plan designation after the Marriage.
8. LIFE INSURANCE
8.1 Coverage.
Each Party may, but is not required to, maintain life insurance naming the other Party as beneficiary.
8.2 Ownership of Policies.
Any policy owned by a Party and funded with that Party’s Separate Property shall remain that Party’s Separate Property.
9. DEBTS & LIABILITIES
9.1 Pre-Marriage Debts.
All debts and liabilities incurred by a Party prior to the Marriage, whether disclosed or undisclosed, are and shall remain the sole responsibility of that Party.
9.2 Post-Marriage Debts.
(a) Debts incurred jointly or for the benefit of the marital household shall be treated as joint obligations.
(b) Debts incurred by a Party individually and not for the marital household shall be that Party’s sole obligation.
9.3 Indemnification.
Each Party shall indemnify, defend, and hold harmless the other Party from and against any liability arising from debts allocated to the indemnifying Party under this Section.
10. GIFTS & INHERITANCES
10.1 Individual Receipt.
Any property received by a Party during the Marriage by gift or inheritance shall be that Party’s Separate Property, provided that it is maintained in a manner that preserves its separate character.
10.2 Joint Gifts.
Gifts expressly made to both Parties shall constitute Joint Property unless otherwise stated by the donor.
11. ESTATE PLANNING; WAIVER OF ELECTIVE SHARE
11.1 Mutual Waiver.
Each Party knowingly and voluntarily waives any right to take against the other Party’s will or to claim an elective, forced, or intestate share of the other Party’s estate, except as may be expressly provided in such Party’s testamentary documents or beneficiary designations executed after the Marriage.
11.2 Cooperation.
The Parties shall execute such additional estate-planning documents as may be reasonably necessary to carry out the purposes of this Agreement.
12. TAX MATTERS
12.1 Filing Status.
The Parties shall confer annually regarding federal, state, and local tax filings and may elect married filing jointly or separately, as mutually agreed.
12.2 Allocation of Liability.
Any tax liability arising from a joint return shall be shared in proportion to each Party’s respective separate taxable income for that tax year, unless otherwise agreed in writing.
13. REPRESENTATIONS & WARRANTIES
13.1 Authority; Capacity.
Each Party represents that (a) they are of legal age and competent capacity to enter into this Agreement, (b) they are not a party to any other agreement that would conflict with this Agreement, and (c) execution of this Agreement will not violate any court order.
13.2 Accuracy of Disclosures.
Each Party represents that their Financial Disclosure Schedule is complete and accurate in all material respects.
13.3 Survival.
The representations and warranties in this Section survive execution and enforcement of this Agreement.
14. COVENANTS & RESTRICTIONS
14.1 Good-Faith Performance.
The Parties covenant to perform their obligations hereunder in good faith.
14.2 Notice of Material Changes.
Each Party shall provide written notice to the other within thirty (30) days of any material change in assets or liabilities that would render their Financial Disclosure Schedule materially inaccurate.
15. DEFAULT & REMEDIES
15.1 Events of Default.
The following constitute an “Event of Default”:
(a) Material breach of any covenant, obligation, or representation herein;
(b) Failure to provide required notice under Section 14.2;
(c) Intentional misrepresentation or fraud in the Financial Disclosure Schedules.
15.2 Cure Period.
A Party in default shall have thirty (30) days after written notice to cure the default, if curable.
15.3 Remedies.
If an Event of Default is not timely cured, the non-defaulting Party may seek:
(a) Specific performance and/or injunctive relief (the Parties acknowledge money damages may be inadequate);
(b) Reformation or equitable adjustment by a Missouri family court;
(c) An award of reasonable attorney fees and costs incurred in enforcement.
[// GUIDANCE: While Missouri family courts retain broad equitable powers, an express remedy ladder strengthens enforceability and signals the Parties’ expectations.]
16. RISK ALLOCATION
16.1 Mutual Indemnification.
Subject to Section 9.3, each Party (the “Indemnifying Party”) shall indemnify and hold harmless the other Party from any loss, cost, or expense (including reasonable attorney fees) arising out of (a) the Indemnifying Party’s breach of this Agreement, or (b) enforcement of debts allocated to the Indemnifying Party.
16.2 Liability Caps.
Except for fraud or willful misconduct, each Party’s aggregate liability to the other under this Agreement shall not exceed [DOLLAR AMOUNT OR FORMULA].
16.3 Force Majeure.
Neither Party shall be liable for failure or delay in performance caused by events beyond their reasonable control (e.g., natural disasters, acts of God, war, or governmental action), provided that the affected Party promptly notifies the other Party and resumes performance as soon as practicable.
17. DISPUTE RESOLUTION
17.1 Governing Law.
This Agreement and any dispute arising hereunder shall be governed by the internal laws of the State of Missouri, without regard to conflicts-of-law principles.
17.2 Forum Selection.
The Parties irrevocably submit to exclusive jurisdiction of the state family court of [COUNTY], Missouri for any proceeding relating to this Agreement, except as provided in Section 17.3.
17.3 Limited Arbitration Option.
By mutual written consent executed after a dispute arises, the Parties may submit any or all issues—other than child custody or child support—to binding arbitration administered by [ARBITRATION ADMINISTRATOR] under its family-law rules, with the seat of arbitration in Missouri. Judgment on the award may be entered by any court of competent jurisdiction.
17.4 Jury Waiver.
The Parties acknowledge that disputes arising under this Agreement will be heard by a Missouri family court sitting without a jury; accordingly, no jury waiver is necessary or permitted.
17.5 Injunctive Relief.
Nothing in this Section limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief or specific performance from a court of competent jurisdiction.
18. GENERAL PROVISIONS
18.1 Amendments & Waivers.
This Agreement may be amended only by a written instrument signed by both Parties and notarized. No waiver of any provision shall be effective unless in writing and signed by the waiving Party.
18.2 Assignment.
Neither Party may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Party, except as required by law.
18.3 Successors & Assigns.
Subject to Section 18.2, this Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.
18.4 Severability; Reformation.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. The Parties direct any reviewing court to reform such provision to the minimum extent necessary to render it enforceable, consistent with the Parties’ intent.
18.5 Integration.
This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, oral or written.
18.6 Counterparts; Electronic Signatures.
This Agreement may be executed in one or more counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically (e.g., PDF or via reputable e-signature platform) are deemed original for all purposes.
19. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Execution Date set forth above.
| Party A | Party B |
|---|---|
| _________ | _________ |
| Signature of Party A | Signature of Party B |
| [PRINT NAME] | [PRINT NAME] |
| Date: _________ | Date: _________ |
20. NOTARY ACKNOWLEDGMENTS
[// GUIDANCE: Missouri requires notarization for enforceability. Each Party should sign before a separate notary to avoid any inference of undue influence.]
State of Missouri )
County of [COUNTY] )
On this _ day of _, 20____, before me, the undersigned Notary Public, personally appeared [PARTY A NAME], known to me (or proven by satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that _he/she executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
State of Missouri )
County of [COUNTY] )
On this _ day of _, 20____, before me, the undersigned Notary Public, personally appeared [PARTY B NAME], known to me (or proven by satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that _he/she executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
SCHEDULE A — PARTY A FINANCIAL DISCLOSURE
[// GUIDANCE: Attach a detailed schedule of assets (with approximate fair-market value), liabilities, income sources, and contingent liabilities.]
SCHEDULE B — PARTY B FINANCIAL DISCLOSURE
[// GUIDANCE: Attach a detailed schedule of assets (with approximate fair-market value), liabilities, income sources, and contingent liabilities.]
[// GUIDANCE: End of Template. Practitioners should customize provisions to client objectives and update statutory citations or requirements prior to execution.]