A prenup (also called a “Premarital Agreement”) or postnup is a written document outlining the terms two people are willing to agree to in the event of divorce, legal separation, or upon death. These documents may address the award of property and debts, the creation of marital property, the award of maintenance (formerly “alimony”), the award of attorney fees and the rights of both parties to decide what happens to property upon death.

Click here for a roadmap of the premarital agreement process.

The preparation of a prenup or postnup starts with an initial consultation – either by phone, Zoom or in person. Here, we will learn about your goals and help you determine next steps.

After that call/meeting, we will send our representation agreement that outlines the scope of our work and costs involved.

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If you decide to move forward, we will ask that you gather certain financial information that we will need to include in the pre or postnup. This includes a full schedule of assets, debts and income. Once we have this information, and after we have confirmed your goals, we will prepare the draft agreement for your review. We will also provide you with a comprehensive legal advice letter explaining relevant Missouri law and the intended effect of your agreement.

We collect your information electronically to keep costs down.

After you have completed your review of the pre or postnup and confirmed you are in agreement, we will then provide the document to your intended spouse/spouse (through his or her attorney) for review.

At that point, some back-and-forth negotiations are fairly common.

Assuming everyone is in agreement, both sides will sign the document to conclude the process.

We want our clients to talk with us without worrying about the cost. As an exclusive benefit to our current clients, a certain number calls (as described in the Representation Agreement) scheduled through Direct Connect are free of charge.

Please remember :

• A prenup or postnup must be entered into voluntarily. As such, there is no guarantee an agreement will be reached.

• Both sides need to have an understanding of the agreement. It is helpful for both sides to be represented by an attorney.

• Full disclosure of all assets, debts and income is an important aspect of a pre or post-nup. If you wish to enter into a pre or post-nup, you should be prepared to make this disclosure.

• It is important for both sides to have sufficient time to review and consider the terms of a prenup. It is best to complete the prenup process well in advance of your wedding date.