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Mississippi Postnuptial Agreement

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Mississippi Postnuptial Agreement

Updated January 23, 2023

A Mississippi postnuptial agreement is a contract between two married persons that controls certain property rights if their marriage ends in divorce or death. Unlike prenuptial agreements, often called prenups, which are signed before a marriage begins, postnuptial agreements are signed after a couple is married. Like some other states, Mississippi recognizes “separation agreements,” which are entered into when the parties intend to divorce. Still, the law is generally silent on agreements entered into after marriage, but when divorce is not imminent.

Signing Requirements (Barton v. Barton (2001)) – Agreements must be written down and signed by both parties.


Contractual Rules: The rules applicable to the construction of written contracts, in general, are to be applied in construing a postnuptial agreement. Roberts v. Roberts (1980)

Martial Settlement: Property settlement agreements are generally not subject to modification or contingent upon a final divorce decree. Barton v. Barton (2001).