Section 4.2 Public Policy

• Library: Family Law Deskbook and 2014 Supp

II. (§4.2) Public Policy

Contracts dealing with rights in the event of the death of a spouse find statutory approval in §§ 474.120 and 474.220, RSMo 2000. But for contracts contemplating the possibility of dissolution of marriage, there is no express statutory approval or disapproval of these contracts. Missouri has not adopted any legislation akin to the Uniform Premarital Agreement Act, 9C U.L.A. 35 (2009), adopted in other states. Nevertheless, caselaw has established that there is no public policy against antenuptial or postnuptial agreements per se. Ferry v. Ferry, 586 S.W.2d 782 (Mo. App. W.D. 1979); Searcy v. Searcy,
658 S.W.2d 931, 933 (Mo. App. W.D. 1983).

But courts may find antenuptial agreements unenforceable on public policy grounds when these agreements...