A prenuptial agreement (also called a “premarital agreement”) or postnuptial agreement is a written document that outlines the terms two people agree to in the event of divorce, legal separation, or upon death.

These agreements might address:

• Division of property and debts

• What assets will be considered marital vs. separate property

• Spousal maintenance (formerly “alimony”)

• Attorney fees

• Rights and decision-making for property upon death

• Other agreed upon terms.

In short, these agreements allow couples to make thoughtful, customized decisions now, rather than leaving everything solely to Missouri’s default laws later.

Click here for a roadmap of the premarital agreement process.

The process begins with an initial consultation – by phone, Zoom, or in person. During that meeting, we’ll discuss your goals, explain how Missouri law applies, and outline your best next steps.

After our consultation, if you choose to move forward, we’ll send you a representation agreement that clearly explains the scope of our work and how fees are handled.

Important: In Missouri, one attorney can only represent one party in a prenup or postnup. That means:

• We can only advise our client – not both sides together. Even at the very first consultation, we may only meet with and speak directly to the person seeking to hire us.

• Your fiancé/spouse should have their own attorney to review the agreement and answer their questions.

This helps protect both of you, avoids conflicts of interest, and provides a stronger foundation if the agreement is ever challenged.

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If you move forward, the next step is financial disclosure. Each party must provide a schedule of assets, debts, and income. This full and honest disclosure is required.

Once we receive your information and understand your goals, we will:

• Prepare a draft agreement for your review

• Provide you with a comprehensive advice letter explaining Missouri law and how your agreement is intended to work

To keep costs down, we collect financial information electronically.

We collect your information electronically to keep costs down.

After you’ve reviewed your draft and are comfortable with the terms, we will provide the agreement to your fiancé/spouse (through their attorney) for review.

Some back-and-forth negotiations are normal at this stage. Once both sides agree on final language, the document is signed and finalized.

Timing matters: Prenups should be completed well in advance of the wedding date. Waiting until the last minute can create pressure, limit thoughtful discussion, and increase the risk of disputes later.

The cost of a prenup or postnup depends on complexity, the amount of negotiation involved, and how much financial information needs to be reviewed.

• Simpler agreements (where the goal is limited, such as keeping premarital assets separate, and both parties have relatively straightforward finances) are generally less costly.

• More complex agreements (involving businesses, multiple properties, or significant negotiations) may require more attorney time and higher cost.

We will give you a clearer estimate after our consultation, once we understand your goals and circumstances.

We want our clients to feel comfortable reaching out with questions. As an exclusive benefit, our Direct Connect system allows you to schedule certain calls (as outlined in our Representation Agreement) free of charge.

• A prenup or postnup must be entered into voluntarily. There is no guarantee an agreement will be reached.

• Each party should have legal representation. This helps protect both sides and supports the fairness and validity of the agreement.

• Full disclosure of assets, debts, and income is required.

• Start early. The prenup process is best completed well before the wedding date to give both sides time for review and thoughtful decision-making.

• This page is for general informational purposes only and should not be considered legal advice. Each situation is unique. You should contact an attorney if you have questions regarding your situation.