Free Missouri Postnuptial Agreement Template

A Missouri postnuptial agreement is a written contract spouses sign during the marriage about property and rights at divorce or death. Missouri’s statutes speak to both, so each part of the agreement has its own conditions.

A Written Agreement Can Exclude Property

For divorce purposes, marital property is everything either spouse acquires after the wedding, with listed exceptions. Notably, one is property excluded by valid written agreement of the parties (RSMo § 452.330.2(4)).

Growth on Separate Property

Similarly, the statute excludes the increase in value of premarital property and of property excluded under the other exceptions. That’s true unless marital assets, including labor, contributed to the increase, and then only to the extent of those contributions (RSMo § 452.330.2(5)).

Waiving the Right to Take Against a Will

Missouri also lets a spouse waive the right of election, before or after marriage, in a written contract, agreement, or waiver they sign. The waiver must follow full disclosure of the nature and extent of the right. It also needs a thing or promise that’s fair consideration under all the circumstances (RSMo § 474.220).

Filing Is Optional

In addition, the spouses may file the written waiver the same way an election is filed under the probate code (RSMo § 474.220).

Yes, for the key statutory effects. The divorce exclusion refers to a valid written agreement (§ 452.330.2(4)). Similarly, a waiver of the right of election must be a written contract, agreement, or waiver signed by the waiving spouse (§ 474.220).

However, for estate terms, writing isn’t the only condition. Because the waiver needs fair consideration, your Missouri postnuptial agreement should state what each waiving spouse receives in return.

Work through these steps for a Missouri postnuptial agreement:

1. List excluded property. Name each asset the agreement keeps out of the marital estate.
2. Log contributions. Note any marital funds or labor that went into separate assets.
3. Spell out the right. Describe the nature and extent of any right a spouse gives up.
4. Define the consideration. Say what each waiving spouse gets in exchange.
5. Put everything in writing and sign it. The waiving spouse signs the agreement.
6. Consider filing. You can file the waiver the same way you’d file an election.

Include these elements:

• Excluded property list — assets kept out of the marital estate
• Contribution terms — your rule for marital labor or funds in separate assets
• Election disclosure — the nature and extent of rights waived
• Consideration clause — what each spouse receives
• Signature block — both spouses, dated