Marriage – Premarital Agreements – Missouri

451.220. Marriage contracts to be in writing, acknowledged or proved.
All marriage contracts whereby any estate, real or personal, in this state, is intended to be secured or conveyed to any person or persons, or whereby such estate may be affected in law or equity, shall be in writing, and acknowledged by each of the contracting parties, or proved by one or more subscribing witnesses.
(RSMo 1939 § 3373)
Prior revisions: 1929 § 2986; 1919 § 7311; 1909 § 8292
CROSS REFERENCES: Conveyance avoided if bar of inheritance rights fails, RSMo 474.130 Interrupted contract bars inheritance rights, when, RSMo 474.120

(1958) Postnuptial property settlement agreement whereby wife waived any right, title or interest which she might have in or to personalty or realty of husband was valid between the parties though not acknowledged and effected relinquishment of wife’s dower. Chapman v. Corbin (A.), 316 S.W.2d 880.

(1962) Where marriage contract was entered into after the wedding and in the presence of guests and at a time when the wife did not have time to read it and did not understand what it contained and she testified that she signed it in order to avoid a fuss in the presence of wedding guests, it was held invalid because of duress. Wilson v. Wilson (A.), 354 S.W.2d 532.

(1968) Anticipatory, preparatory, collateral, and ancillary acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an exception to the provisions of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may enforce the contract, even though the acts are not, strictly speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d 269.

451.230. How acknowledged or proved — to be recorded, where.
Such marriage contracts shall be acknowledged or proved before the same officer and certified in the same manner as deeds of conveyance for land are or shall be required by law to be acknowledged or proved and certified; and they shall be recorded, with the certificate of proof or acknowledgment, in the office of the recorder of each county where any estate is situated which is intended to be conveyed or affected thereby.
(RSMo 1939 § 3374)
Prior revisions: 1929 § 2987; 1919 § 7312; 1909 § 8293
CROSS REFERENCE: Marriage contracts to be received in evidence, when, RSMo 490.590

451.240. Contract so recorded shall impart notice, to whom.
When any such marriage contract is deposited in the recorder’s office for record, it shall, as to all property affected by it in the county where the same is deposited, impart full notice to all persons of its contents; and no such contract shall be valid or affect any property except between the parties thereto and such as have actual notice thereof, until it shall be deposited for record, as herein prescribed.
(RSMo 1939 § 3375)
Prior revisions: 1929 § 2988; 1919 § 7313; 1909 § 8294

Disclaimer:    This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.