When you are considering your future and planning for marriage, the possibility of a prenuptial agreement is often one of the most important decisions you and your future spouse will make. Prenuptial agreements assist soon-to-be-married couples with the terms they will abide by should they choose to divorce. In Mississippi, you can also create “post-nuptial” agreements, which will be legally binding in the event of a divorce.
Prenuptial agreements may consider many of the financial and property division considerations that individuals might have. Some of these include:
- The division of assets and debts in case of divorce or a death.
- The division of retirement accounts or pension plans and the terms that will govern any division.
- General expectations about creating wills that enforce prenuptial decisions.
- Which spouse will pay alimony, how much, and via what means in case of divorce.
- Each individual’s ability to control property, either their own prior to the marriage, or property acquired during the marriage.
Mississippi’s courts are not bound by a pre-nuptial agreement in terms of child custody, visitation, or other considerations of the sort in case of divorce. Decisions such as these will be left to mediation and the courts at a later date. If you are attempting to ascertain the parameters of child custody in your own divorce, you will want to work with a skilled family law attorney.
The Uniform Premarital and Marital Agreements Act
Most states follow the guidelines of the Uniform Premarital and Marital Agreements Act, which governs how these types of contracts function, and ensures reciprocity across several states. Mississippi, however, is not one of those states. This means that a prenuptial agreement is typically considered similar to most other types of contracts executed in the state, and is not subject to a different set of enforcement standards. It also means, however, that a pre- or post-nuptial agreement drafted here may not be recognized by other states.
Most prenuptial agreements are enforceable, but duress, coercion, and other mitigating factors might warrant inspection from the courts. If you are concerned that your prenuptial agreement was signed under manipulative circumstances, you will want to retain counsel of a divorce lawyer. Taylor Jones Taylor provides comprehensive counsel to clients in Southaven, Olive Branch, Hernando and the surrounding areas. Please call 662-342-1300, or fill out our contact form, to learn more.