Prenuptial & Postnuptial Agreements FAQs

We've dedicated our firm to family law. Watch a quick video on why:

Stange Law Firm img
Play Video

Prenuptial & Postnuptial Agreements FAQs

I am getting married for the second time. Both of us have children from our first marriages, and we will be living in my house after we’re married. Do we need a prenuptial agreement? It doesn’t sound very romantic.

You do not need a prenuptial agreement, but it is often a good idea. Negotiating a prenuptial agreement does not always seem like the most romantic choice, but it is the smart one for many couples. Prenuptial agreements – also called Prenups, premarital agreements, or even antenuptial agreements – allow couples to protect their separate property during a marriage. Good prenuptial agreements should contain detailed descriptions of each partner’s significant property and debts. Depending on the nature and complexity of these assets, a prenuptial agreement can be just a few pages – or a few hundred. Prenups make sense if you have assets you want to preserve for children from a previous marriage. In the case of remarriage, one or both spouses may already have significant assets and may want to arrange that family members from the first marriage inherit property and assets. Once you are remarried, your new spouse has an automatic entitlement to part of your assets, unless estate planning documents, such as a prenuptial agreement, create other arrangements.

What effect does our prenuptial agreement have on our divorce?

As long as the court finds the prenuptial agreement is enforceable, it can greatly affect your divorce. Parties to a premarital agreement may contract concerning mutual property rights and obligations; rights to acquire, manage, and dispose of property; disposition of property on separation, dissolution, or death; modification or elimination of spousal support; wills and trusts; and death benefits from life insurance policies. However, the Uniform Premarital and Marital Agreements Act (“UPMAA”) lays out very specific provisions that are considered unlawful. For example, the following provisions are considered unlawful under the UPMAA:
  • (a) In this section, “custodial responsibility” means physical or legal custody, parenting time, access, visitation, or other custodial right or duty with respect to a child.
  • (b) A term in a premarital agreement or marital agreement is not enforceable to the extent that it: (1) adversely affects a child’s right to support; (2) limits or restricts a remedy available to a victim of domestic violence under the law of this state other than this act; (3) purports to modify the grounds for a court-decreed separation or marital dissolution available under the law of this state other than this act; or (4) penalizes a party for initiation a legal proceeding leading to a court-decreed separation or marital dissolution.
  • (c) A term in a premarital agreement or marital agreement that defines the rights or duties of the parties regarding custodial responsibility is not binding on the court.
Regarding child custody, parenting time, and visitation in particular, prenuptial agreements in the United States cannot regulate these matters because these determinations have to be decided based on the child’s best interests. The best interests of the child are something that can only be determined by a family court judge based on the facts at the time of the judgment.

What can you tell me about the value of getting a prenuptial or post-nuptial agreement in my area?

Negotiating a prenuptial agreement does not always seem like the most romantic choice, but it is the smart one for many couples. Prenuptial agreements – also called Prenups, premarital agreements, or even antenuptial agreements – allow married couples to protect their separate property during a marriage. Good prenuptial agreements should contain detailed descriptions of each partner’s significant property and debts. A well-drafted premarital agreement can protect the inheritance rights of children and grandchildren from a previous marriage. If you have your own business or professional practice, a premarital agreement can protect that interest so that the business or practice is not divided and subject to the control or involvement of your former spouse upon divorce. If one spouse has significantly more debt than the other, a premarital agreement can protect the debt-free spouse from having to assume the obligations of the other. If you plan to give up a lucrative career after the marriage, a premarital agreement can ensure that you will be compensated for that sacrifice if the marriage does not last. A premarital agreement can address more than the financial aspects of marriage and cover any of the details of decision-making and responsibility sharing to which the parties agree in advance. A premarital agreement can limit the amount of spousal support one spouse will have to pay the other upon divorce. A premarital agreement can protect the financial interests of older persons, persons entering into second or subsequent marriages, and persons with substantial wealth. Kirk Stange has written a full-length book through Thomson Reuters titled: Prenuptial Agreements Line by Line if you are looking for more information on the topic.

Contact a Multi-State High Net Worth Divorce Lawyer Today in Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana

If you are going through a divorce with high assets, we can help you. Contact us online or by calling any one of our convenient locations throughout Missouri, Illinois, Kansas, Oklahoma,  Nebraska, and Indiana in St. Louis, Chicago, Kansas City, Indianapolis, Springfield, Columbia, Wichita, Topeka, Oklahoma City, Tulsa, Omaha, Lincoln, and beyond.


Helpful Information Regarding High Net Worth Divorce From our Webpage

To learn more about our work in the area of high net worth divorce, please follow the links below:
Do You Need a Last Will and Testament or an Estate Plan?
Everybody should consider making a will. However, a will is about much more than the division of a sizable estate, and making a will is not something that those with substantial assets.
Multi-state Trust Attorneys in the in Missouri, Illinois, Kansas, Oklahoma and Nebraska
As Stange Law Firm, PC, we can determine the right type of trust for your needs and objectives and select the type of trust that best protects your interests.
Valuing professional practices and businesses
Valuing a professional practice can be extremely difficult because much of the value is in the individual's contribution, not in merchandise or interests that can be easily divided. If you have questions, we have answers.
Pensions, IRAs and 401(k)s
Missouri law significantly affects the division of retirement savings accounts. If many of your assets are in IRAs or 401(k)s, we can talk with you about your options.
Qualified Domestic Relations Orders
QDROs create or recognize the existence of an alternate payee's right to receive all or a portion of the benefits payable under a retirement plan. We can explain what this means for you.
Divorce Tax Issues
For some, they can have significant questions and concerns about how getting divorced might effect them from a tax perspective. We can help ensure that clients can get the tax advice they need from tax professionals.
Maintaining Lifestyle
Many individuals have spent their entire life working hard in order to maintain a lifestyle that they have sought out. We can help individuals going through divorce ensure that they are put in the best financial position possible after a divorce.
Business Owners
Many individuals have spent their whole life trying to create a successful business or they have assisted their spouse build up this interest. It can be stressful when that business interest becomes part of a divorce proceeding. However, we an help ensure that a business interests are fairly evaluated.
Prenuptial & Postnuptial Agreements
Prior to entering into a marriage, or after the wedding date, many individuals are interested in putting together a prenuptial or postnuptial agreement to ensure that there are not lengthy and contentious divorce proceedings later if the marriage ends in divorce In these instances, we can help.
Farm Divorce
In certain cases, parties going through a divorce may own a family farm. This can result in the farm itself, equipment, livestock and other valuable assets being put in play in a divorce. We can help you if this is the case.
Stocks and Bonds
Many married couples also have significant sums in stocks and bonds. It's vital to work with an attorney to have an accounting of what is out there and to ensure it is properly addressed in family court.
Vocational Examination
The income producing potential of a husband and wife can be an important issue in a spousal support or child support case. A vocational examination can be useful in many of these cases where the current income of a party does not appropriately reflect what they could make.
Real Estate Portfolios
Real estate can be an important issue in divorce cases where the parties own rental property and other valuable real estate. We can work with parties in these types of cases to make sure these assets are property valuated and apportioned.
Delayed Compensation
In some situations, a party may be compensated through delayed compensation. This is an important area that should not be over-looked in a divorce.
Overseas Assets
Overseas assets can be significant issue in certain cases. It is vital that you have an attorney who understands how to address this issue
SLF Icon
Serving the St. Louis Metropolitan Area, Kansas City, Columbia, Springfield, Wichita, Topeka, Tulsa and Beyond in Missouri, Illinois, Kansas and Oklahoma

From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view support calculators for MissouriIllinois and Kansas.

If you are looking to find and hire a child custody lawyer, contact us online or by phone to schedule a consultation at any of our convenient locations.


Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

Protect Yourself By Understanding Your Options and Knowing Your Rights


SLF Icon


Stange Law Firm, PC

120 S. Central Avenue, Suite 450

St. Louis (Clayton), Missouri 63105

Toll Free: 855-805-0595
Fax: 314-963-9191
Group 144


Contact Our Team

  • This field is for validation purposes and should be left unchanged.

Family Law Legal Services At Your Fingertips


When you choose us, you don’t have to sacrifice quality or service. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney.