Mississippi courts do recognize premarital agreements, also commonly called prenuptial agreements or just prenups, as valid and enforceable.
However, like in other family law matters, our state takes an uncommon approach to premarital agreements. The Mississippi Legislature has contemplated but has not passed a statute governing prenups, so our courts rely on prior court cases when interpreting and enforcing these contracts.
Although valid, premarital agreements in Mississippi can be tricky
Here are some general pointers that can help residents of the Gulfport area better understand their options regarding prenuptial agreements:
- Mississippi courts will examine prenups as they would other contracts. As such, they may decline to enforce an agreement if it appears one side was dishonest or even less than forthcoming about what they own or owe.
- Likewise, courts may reject a contract if there is evidence that either spouse was under undue pressure or otherwise not able to understand the agreement and freely choose to sign it.
- The Mississippi Supreme Court has clarified that a premarital agreement must also be fundamentally fair to both sides. In this respect, fair does not mean perfectly equal. What is or is not fair will depend on the circumstances.
- To give a clear example, a court would probably not enforce an agreement when a couple has been married for 20 years but the agreement says one spouse receives 98% of all the property, even property the spouses earned together. However, a similar agreement might be fair if the couple were only married 6 months and one of the spouses brought 98% of the wealth into the marriage.
- Premarital agreements can cover a range of topics, especially regarding the couple’s financial rights and responsibilities after divorce. However, courts will be more likely to make their own decisions about child custody, parenting time and child support despite what any agreement says.
- Because courts will ultimately decide what a couple’s prenup means, it is important that these agreements be clearly drafted and spell out all details.
Especially since the law in our state is a bit quirky with respect to prenuptial agreements, those who are considering one or who are involve in a divorce have questions about their agreement should go over the options with an experienced family law attorney.