Prenuptial Agreement Laws in Missouri
Missouri has no uniform premarital agreement act; RSMo 451.220 requires marriage contracts affecting property to be in writing and acknowledged or witnessed, and courts enforce them if entered freely, fairly and with full disclosure.
Last checked . General information, not legal advice.
Missouri at a glance
- Uniform act
- No uniform act: RSMo 451.220 and case law
- Courts apply the Whitenton standard as restated in Gould v. Rafaeli (1991).
- Financial disclosure required
- Yes
- An agreement is enforced if entered into freely, fairly, knowingly and in good faith with full disclosure.
- Waiting or review period
- No statutory waiting period
- RSMo 451.220 sets form rules (writing, acknowledgment or a subscribing witness) but no waiting period.
The rules in Missouri
Has Missouri adopted the Uniform Premarital Agreement Act or a similar uniform law?
Uniform act in Missouri: No uniform act: RSMo 451.220 and case law. Courts apply the Whitenton standard as restated in Gould v. Rafaeli (1991).
Does a prenuptial agreement in Missouri require financial disclosure to be enforceable?
Yes. Financial disclosure required in Missouri: yes. An agreement is enforced if entered into freely, fairly, knowingly and in good faith with full disclosure.
Is there a waiting or review period before signing a prenup in Missouri?
Waiting or review period in Missouri: No statutory waiting period. RSMo 451.220 sets form rules (writing, acknowledgment or a subscribing witness) but no waiting period.
Where do the Missouri prenuptial agreement laws come from?
The rules above come from Mo. Rev. Stat. 451.220 and Gould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991). Each source is linked on this page. We last checked them in October 2026.
Good to know
A separate statute, RSMo 474.120, governs waivers of a surviving spouse's inheritance rights and requires full disclosure of those rights and of property.
What this means in practice
Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.
Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.
Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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