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Prenuptial and Postnuptial Agreements
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What is a Prenuptial Agreement?
A prenuptial agreement is sometimes called an "antenuptial agreement". In Mississippi, a prenuptial agreement is a written contract between two potential spouses regarding asset and debt division in the event of divorce or death. A prenuptial agreement must be signed and executed before the couple marries. Moreover, a couple must actually get married for a prenuptial agreement to take effect.
What is a Postnuptial Agreement?
A postnuptial agreement is a document that is signed after the marriage. In effect, it is very similar to a prenup. If you and your spouse already got married in Mississippi and you wish you had a prenup but failed to sign one, you still have the right to get a postnuptial agreement.
Who Needs a Prenuptial Agreement or Postnuptial Agreement?
Many couples enter into prenuptial agreements, not because they think they'll get divorced, but because they want to ensure a secure financial future. A prenuptial agreement allows individuals with significant assets to maintain their own separate property in a divorce. Furthermore, agreements outlining property and financial division in a divorce can greatly simplify divorce proceedings.

Different people want prenuptial agreements for different reasons such as protecting a child's inheritance or keeping a home. Additionally, a wealthy person may enter into a prenuptial agreement to shield his or her assets or for tax considerations. When a couple marries, property or money that was owned and earned separately can become part of the marital estate and subject to division if the couple divorces. For this reason, many couples may decide that a prenuptial agreement is a good idea because it allows an individual to keep his or her money separate.
Prenuptial and Postnuptial Agreements in Mississippi
One general purpose of marital agreements is to designate which property will be considered separate and which will remain marital property. The main issue in drafting a prenuptial or postnuptial agreement is that they have to be fair. Thus, if a couple wants to make sure that their prenuptial or postnuptial agreement will be upheld in court, each party must make a full and complete disclosure of all assets.
Other monetary issues that a prenuptial or postnuptial agreement could resolve include:
- Asset division at divorce or death
- Whether gifts and inheritances will be designated as separate or marital property
- How death benefits from insurance policies will be distributed
- Protection of legacies for children from previous marriages
- Other matters that the couple would like to include
The prenuptial agreements must be finalized long enough before the wedding date to make sure that neither party is entering into the agreement under duress. Each party should have their own legal representation to protect their interests, review the financial disclosures of the other party and negotiate any requested revisions.
Postnuptial agreements can be a useful instrument if one or both spouses brought children from a previous relationship, or if one party stands to inherit a significant sum of money that they wish to remain separate property. In Mississippi, courts are not bound by postnuptial agreements as to child support or child custody arrangements.
Discover how a prenuptial agreement can protect your family. The legal team at McAlister Law Firm, LLC has guided many couples through the process of creating prenuptial and postnuptial agreements.
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