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St. Louis Prenuptial Agreement Attorney: Drafting Enforceable Prenups

Prenuptial agreements are also known as anti-nuptial agreements or premarital agreements and are often abbreviated to “prenup.”  Whatever they are called these agreements are entered into by two people who are about to marry.  The content of these agreements widely varies depending on the couple’s wishes however prenups often set out terms for spousal support or property division in the event of a future divorce.  One issue that is never allowed in prenups is child custody.  Originally courts in the United States believed that prenups corrupted marriages because they anticipated divorce from the very beginning and they would not uphold the agreements in court.  Modern courts generally recognize prenuptial agreements though courts do not always enforce the all of the provisions of the agreements.  For this reason it is imperative that you hire a St. Louis prenuptial agreement attorney to draft your agreement to ensure that it is later enforceable in court.

Enforceable Prenuptial Agreements

Though prenuptial agreements will not be the final word in a divorce if properly executed agreements can be very powerful in limiting a spouse’s support and property rights in a divorce.  There are five main elements required for a valid and enforceable prenup:

  • Must be in writing
  • Both parties must execute the agreement voluntarily
  • There must be full and/or fair disclosure of assets at the time of execution
  • The terms cannot be unfair or unconscionable
  • Both parties themselves must sign the agreement and it must be notarized

Some attorneys videotape the execution and signing of prenups for later evidence that neither party was coerced into signing.  Others have a private judge present for the same reason.

Though prenuptial agreements are generally considered to be unromantic they can serve an important purpose.  Prenups can not only dictate what happens in divorce but also in the case of unexpected death.  Prenups can make you the executor of your spouse’s estate and vice versa and serve as a type of will.  No matter what the content of your prenup you want to make sure it is valid, fair, and enforceable.

Prenuptial Agreement Problems? Contact a St. Louis Prenuptial Agreement Attorney

Call (314) 541-7421 for Free Private Legal Consultation

Contact Us

Jeffrey A. Heater
Attorney at Law

5205 Hampton Ave.
St. Louis, MO 63109

Phone: (314) 541-7421

Fax: (314) 932-7672

jeff@heaterlaw.com

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