Prenuptual Agreements– Mississippi
Prenuptial and Postnuptial Agreements
The Prenuptial Agreement is an often overlooked part of any asset protection plan. This is a contract entered into before marriage by the people intending to marry. It is a written contract.
The content of a premarital agreement varies with the specific wishes of the parties. However, its primary purpose is to specify how property and assets will be divided in the event of a divorce. This can include specific provisions concerning post-divorce financial support obligations. They may also include specific terms for the forfeiture of assets in the event the divorce results from misconduct such as adultery. The advantage of a prenuptial agreement is that the consequences of a divorce are defined before getting married.
Are Premarital Agreements Enforceable?
Premarital agreements are enforceable under Mississippi law. A Mississippi court will not relieve a spouse of the burdens of a freely negotiated prenuptial agreement just because it has become more harsh than originally anticipated. Despite this fact, the enforce-ability of prenuptial agreements is still often challenged. However, prenuptial agreements are generally upheld provided they are properly drafted and executed, and provided that the terms of the agreement are followed during the course of the marriage.
Asset Protection
If you are considering using a premarital agreement, reviewing your situation with an experienced contract attorney is best. We have the experience to help you protect your assets during a divorce. To discuss your specific situation and options, contact us by email or at 601-957-3101.