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5 Things You Cannot Include in Your Prenuptial Agreement 1) Nonfinancial Rules. ... 2) Anything Illegal. ... 3) Terms Involving Child Custody or Support. ... 4) Unfair or Unreasonable Terms. ... 5) Incentive for Divorce.
Unlike many states, Missouri has not adopted the Uniform Prenuptial Agreement Act (UPAA). Rather, the enforceability of prenuptial agreements in Missouri is guided by statutes and case law. As a general matter, a prenuptial agreement must be in writing and signed by both you and your future spouse to be enforceable.
A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.
When planning a prenuptial agreement, it is imperative that both you and your future spouse disclose all of your financial assets and property at the time of marriage. Prenups are designed to help protect personal property and finances and to make sure property is fairly divided in case of a divorce.
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