Section 4.3 In General

• Library: Family Law Deskbook and 2014 Supp

A. (§4.3) In General

The Southern District of the Missouri Court of Appeals has noted that ‘“the validity of an antenuptial agreement is governed by rules that are unique and distinct from the requirements for the execution of an ordinary contract.’”
In re Marriage of Thomas, 199 S.W.3d 847, 852 (Mo. App. S.D. 2006) (quoting In re Estate of Robertson, 60 S.W.3d 686, 689 (Mo. App. S.D. 2001)). Missouri courts continue to evaluate whether property was set aside as separate in antenuptial and postnuptial agreements under an abuse of discretion standard. See Kester v. Kester, 108 S.W.3d 213 (Mo. App. S.D. 2003); King v. King, 66 S.W.3d 28 (Mo. App. W.D. 2001) (both cases applied an abuse of discretion standard in determining whether an asset was set aside as separate property by the terms of an antenuptial agreement).

In general, antenuptial and postnuptial agreements are subject to the same standards and careful court scrutiny. But it is important to note that some differences do exist between the standards governing the review of agreements affecting marital rights upon death and the standards governing
the review of agreements affecting marital rights upon dissolution of marriage.

For agreements contemplating the death of a spouse, the general requirements of a valid waiver of inheritance rights in the case of intestacy or the right to elect to take against a will are that there be:

· a full disclosure...