Couples in Missouri may hesitate to create a prenuptial agreement because they are worried about how their families will react or even that the agreement could increase the chance they will get a divorce. They might also worry about revealing their own financial problems such as bankruptcy. However, a prenup can build communication between a couple along with important protections if they do divorce.
If one person is likely to accumulate debt, a prenup can establish that the other spouse will not be responsible for that debt in the case of divorce. A prenup can also be helpful if one person is bringing significant assets into the marriage and wants to protect those assets. If spouse owns a business, the prenup may ensure that the other spouse does not have a claim on it in a divorce. Increasingly, people are even using prenups to state who will get pets.
The prenup may include details about alimony. This can be important for a lower-earning spouse who is concerned about financial security if there is a divorce. One parent may have even left the workforce in order to care for children. Although child support usually ends when the child grows up, the parent may want to ensure that there is alimony in place to make up for the years of lost earnings and experience.
If there is no prenup or the prenup is successfully challenged in court, the couple may still be able to negotiate an agreement for property division. There are advantages to this over going to litigation. Negotiating may be less expensive and faster than litigation. Property division may be negotiated in a less adversarial atmosphere than a courtroom. Above all, the couple has more control over the final arrangement, and they may be happier with this than with a judge’s decision.