Mississippi Prenuptial Agreement – Laws

The Mississippi prenuptial agreement, also known as an “antenuptial contract,” is an agreement between two individuals who plan to marry in which they predetermine how their assets and property will be controlled if the marriage ends. Both parties must fully disclose their assets prior to signing and enter into the agreement voluntarily. Furthermore, the agreement must be executed before the legal marriage takes place to be legally recognized. Although such contracts are often made for the benefit of one individual, they can also provide mutual assurances and be used to avoid court proceedings and legal conflicts.

Signing requirements – Prenuptial agreements must be signed by both members of the couple and it is recommended that both signatures be authorized by a notary public.

Laws

Case – Mabus v. Mabus, 890 So.2d 806 (Miss. 2003)

An antenuptial contract is just as enforceable as any other contract. […] In an antenuptial contract the same construction and interpretation rules are applicable as well as the intent of the parties. […] “However, this Court imposed the requirement of fairness in the execution of such contracts.” […] A duty to disclose is also of paramount importance. […] However, “[i]t is not now and never has been the function of this Court to relieve a party to a freely negotiated contract of the burdens of a provision which becomes more onerous than had originally been anticipated.”

While the prenuptial agreement is controlling, the standard of review for alimony will nevertheless be applied as stated in our case law. “Our scope of review of an alimony award is well-settled. Alimony awards are within the discretion of the chancellor, and his discretion will not be reversed on appeal unless the chancellor was manifestly in error in his finding of fact and abused his discretion.”

Case – Sanderson v. Sanderson, 824 So. 2d 623 (Miss. 2002)

Mississippi law concerning prenuptial agreements is not well settled. However, it is well settled that prenuptial agreements are enforceable like any other contract. […] Prenuptial agreements also have the heightened requirement of being fair in the execution. […] “Fair in the execution” means that the agreement must be entered into voluntarily, and each party must disclose his or her financial assets.