Free Mississippi Prenuptial Agreement Template

A Mississippi prenuptial agreement is a written contract future spouses make before marriage about property, support, and inheritance. Two Mississippi statutes bear directly on it: the statute of frauds and the rule letting a spouse renounce a will.

The state’s code addresses these agreements from two directions.

It Must Be in Writing

Mississippi’s statute of frauds, § 15-3-1(b), covers any agreement made upon consideration of marriage, except mutual promises to marry. A court action to enforce one can’t proceed unless the agreement, or a memorandum of it, is in writing.

The party to be charged must sign it, or someone that party authorized in writing must. For that reason, both partners should sign.

A Spouse Can Renounce a Will

Under § 91-5-25, a spouse who isn’t satisfactorily provided for in the other’s will may renounce it. That spouse files the renunciation within 90 days after probate, in the office where the will was probated.

The renouncing spouse then takes the share they’d receive if there were no will. There’s a cap, though: even with no children or descendants, that share can’t exceed one-half of the estate. The rule works the same way for husbands and wives.

Because it can reshape an estate plan. A surviving spouse who renounces the will can claim up to half of the estate, whatever the will says.

So if you plan to leave property to children or others, address inheritance rights directly in your Mississippi prenuptial agreement. State clearly which estate rights each partner intends to keep or give up.

These statutes don’t spell out how courts treat such terms. Have a Mississippi attorney review any estate provisions before you sign. That review can also confirm your wording matches what you both intend.

1. Draft every term in writing. An unwritten agreement made in consideration of marriage can’t support a lawsuit.
2. Share financial information openly. Each partner should understand the other’s property.
3. Spell out estate rights. Address will renunciation and inheritance plainly.
4. Both partners sign. Each signature helps if either partner later needs to enforce it.
5. Update your wills to match. Keep estate documents consistent with the agreement.

A Mississippi prenuptial agreement typically covers:

• Property each partner owns before the wedding
• How you’ll handle property acquired during the marriage
• Support terms
• Inheritance rights, including will renunciation
• How the agreement fits with each partner’s will
• Signatures of both partners