Are prenuptial agreements enforceable in Missouri?

Q: Are prenuptial agreements enforceable in Missouri?

Missouri follows common-law principles overlaid by the McMullin test and a statutory writing requirement. 1. Governing Statute / Common Law Mo. Rev. Stat. § 451.220 requires marriage contracts to be in writing and acknowledged like deeds. Mo. Rev. Stat. § 452.325 addresses separation agreements. The controlling case is McMullin v. McMullin, 926 S.W.2d 108 (Mo. App. 1996) , building on Ferry v. Ferry , 586 S.W.2d 782 (Mo. App. 1979). 2. Formality Requirements The agreement must be in writing, signed, and acknowledged with the formalities required for a deed under § 451.220. It must be recorded with the recorder of deeds in the county of residence to bind third parties. 3. Voluntariness McMullin / Ferry require the agreement be entered freely, fairly, knowingly, understandingly, and in good faith without fraud, duress, or undue influence. 4. Disclosure Missouri requires full and fair disclosure of the nature, extent, and value of property and income. The proponent bears the burden once the agreement is challenged to demonstrate disclosure or independent knowledge. 5. Unconscionability Unconscionability is reviewed at execution under general contract principles. For spousal-maintenance waivers, courts examine whether enforcement would be unconscionable at the time of separation/divorce by analogy to Mo. Rev. Stat. § 452.325(2). 6. What Cannot Be Waived Child support and custody cannot be predetermined. Spousal maintenance may be waived but the court retains authority under § 452.325 to refuse enforcement of unconscionable terms. 7. Key Missouri Case Law Ferry v. Ferry (1979); McMullin v. McMullin (1996); Estate of Youngblood v. Youngblood , 457 S.W.3d 313 (Mo. 2015) (postnup formalities). This is legal information, not legal advice.

Question

Accepted Answer

Missouri follows common-law principles overlaid by the McMullin test and a statutory writing requirement.

1. Governing Statute / Common Law

Mo. Rev. Stat. § 451.220 requires marriage contracts to be in writing and acknowledged like deeds. Mo. Rev. Stat. § 452.325 addresses separation agreements. The controlling case is McMullin v. McMullin, 926 S.W.2d 108 (Mo. App. 1996), building on Ferry v. Ferry, 586 S.W.2d 782 (Mo. App. 1979).

2. Formality Requirements

The agreement must be in writing, signed, and acknowledged with the formalities required for a deed under § 451.220. It must be recorded with the recorder of deeds in the county of residence to bind third parties.

3. Voluntariness

McMullin/Ferry require the agreement be entered freely, fairly, knowingly, understandingly, and in good faith without fraud, duress, or undue influence.

4. Disclosure

Missouri requires full and fair disclosure of the nature, extent, and value of property and income. The proponent bears the burden once the agreement is challenged to demonstrate disclosure or independent knowledge.

5. Unconscionability

Unconscionability is reviewed at execution under general contract principles. For spousal-maintenance waivers, courts examine whether enforcement would be unconscionable at the time of separation/divorce by analogy to Mo. Rev. Stat. § 452.325(2).

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Spousal maintenance may be waived but the court retains authority under § 452.325 to refuse enforcement of unconscionable terms.

7. Key Missouri Case Law

Ferry v. Ferry (1979); McMullin v. McMullin (1996); Estate of Youngblood v. Youngblood, 457 S.W.3d 313 (Mo. 2015) (postnup formalities).

This is legal information, not legal advice.