Dan Pingelton has written prenuptial agreements (and even a few postnuptial agreements) for both wealthy clients and those of moderate means. As with other areas in family law, there are several misconceptions about prenuptial agreements. Here are some key points:
- A properly drafted prenuptial agreement will be usually be enforced in Missouri.
- A prenuptial agreement can be enforced even if it would be considered “unfair.”
- Proper disclosure of assets is one of the most important concepts in drafting prenuptial agreements.
- The possibility that a court will throw out a prenuptial agreement increases significantly if one of the parties was not represented by his or her own, separate attorney during the drafting and signature of the agreement.
- Prenuptial agreements regarding support of children are always subject to court approval and will be ignored if unfair to the child.
- Prenuptial agreements seem to have a shelf life. They may last the duration of a marriage, but the older they are, and the more the circumstances of the parties has changed throughout a longer marriage, the greater the chance that a court will ignore an agreement.