US Legal Forms
Mississippi Prenuptial Agreement Form Download
Mississippi Amendment to Prenuptial or Premarital Agreement

Mississippi Prenuptial Agreement With Infidelity Clause

Name: Mississippi Prenuptial Agreement With Infidelity Clause
Brand: US Legal Forms

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Mississippi

Control #:

MS-00590-C

Format:

Instant download

Upgrade to a Package! Premarital Agreement Value Package. 4 Key Forms. Go to Package

Description

This form is an amendment to a premarital agreement for the State of Mississippi. The parties may use this form to make amendments or additions to an existing premarital agreement. Both parties are required to sign the amendment in the presence of a notary public.

Motion support in kings county in Oakland

View this form

Motion support in kings county in Nevada

View this form

Motion support in kings county in Massachusetts

View this form

Motion support in kings county in Wayne

View this form

Motion support in kings county in Cuyahoga

View this form

Sample Letter for Declination of Venture O...

View this form

Agreement for Sale of Goods with Adjustmen...

View this form

Testimony of Accomplice, Informer, or Witn...

View this form

Concert Performance Agreement

View this form

Agreement to Modify Interest Rate on Promi...

View this form

Reporting Safety or Health Hazards Policy ...

View this form

6.3 FELA-Negligence Defined

View this form

Notice of Right of Rescission 1

View this form

Waiver and Release From Liability For Adul...

View this form

How to fill out Mississippi Prenuptial Agreement With Infidelity Clause?

There’s no longer a necessity to squander time searching for legal paperwork to adhere to your local state laws.

US Legal Forms has consolidated all documents in one location and improved their accessibility.

Our site provides over 85k templates for any business and personal legal needs categorized by state and area of use. All forms are expertly drafted and verified for accuracy, ensuring that you can rely on obtaining a current Mississippi Prenuptial Agreement With Infidelity Clause.

Completing official paperwork under federal and state regulations is rapid and uncomplicated with our platform. Try US Legal Forms today to keep your documentation organized!

Examine the page content thoroughly to confirm it includes the sample you require.
To do so, utilize the form description and preview options if available.
Employ the Search field above to find another sample if the prior one did not meet your needs.
Click Buy Now next to the template name after discovering the right one.
Choose the most appropriate pricing plan and create an account or sign in.
Make payment for your subscription using a card or through PayPal to proceed.
Choose the file format for your Mississippi Prenuptial Agreement With Infidelity Clause and download it to your device.
Print your form to complete it manually or upload the sample if you prefer to use an online editor.

Form popularity

FAQ

Let's start with the basics a non-cheating or infidelity clause is just one type of provision that can be added to a prenuptial agreement (prenup). Basically, rather than leaving it up to the fate of a court ruling, a prenup outlines how finances will be split between a couple in the case of a divorce.

Occasionally, some unusual provisions are included in the prenuptial agreement. One example is one clause imposing a monetary fine if one party had been unfaithful. The fine was reduced if they confessed within 48 hours. It might be good in theory, but legally speaking, it's completely unenforceable.

Adultery can still be listed as a ground (reason) why the divorce was filed, but most states typically will not monetarily sanction a spouse who has been unfaithful, unless the unfaithful spouse spent marital money on a lover, in which case the court could order reimbursement of a portion of that marital money to the

Prenuptial Agreement ClausesBackground Section.Property Section.Separate Property Recapture of Real Estate.Current and Future Income and Debt.Spousal Support.Gifts and Inheritance.Debts and Liabilities.Breach.More items...

A prenuptial agreement cannot include personal preferences, such as who has what chores, whose name to use, where to spend the holidays, information on child-rearing, or what relationship to have with specific relatives. Premarital agreements are meant to address monetary issues.

Interesting Questions

More info

According to the ULC website, Mississippi, South Carolina, Missouri, and West Virginia have pending legislation. A couple can agree to infidelity clauses, shopping allowances, spousal maintenance (alimony), and even who gets to keep the beloved family pet.Why a Postnuptial and Not a Prenuptial? When a couple becomes involved, the thought of divorce after marriage is generally far from either's mind. Clauses can be included in the agreement for issues such as adultery. An antenuptial agreement is as enforceable as any other contract in Mississippi.

Trusted and secure by over 3 million people of the world’s leading companies

Amendment to Prenuptial or Premarital Agreement

Some areas of law have been compiled by experts into Uniform Acts which are often adopted in part or in whole by various states. Premarital Agreements is one such area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if in writing and sets forth the factors to consider if the agreement is challenged. If your state has not adopted the Uniform Act, case law generally controls enforceability of the agreement.

A sample of the Uniform Act provides as follows:

25-201. Definitions

In this article, unless the context otherwise requires:

1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

25-202. Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

1. The person did not execute the agreement voluntarily.

2. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

25-203. Scope of agreement

A. Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.

3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.

4. The modification or elimination of spousal support.

5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.

6. The ownership rights in and disposition of the death benefit from a life insurance policy.

7. The choice of law governing the construction of the agreement.

8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

B. The right of a child to support may not be adversely affected by a premarital agreement.

25-204. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

25-205. Limitation of actions

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

If your state has not adopted the Uniform Act, case law generally controls enforceability of the agreement. The agreement you have found is written to comply with the Uniform Act adopted by your State, or applicable case law if the Uniform Act has not been adopted by your state.

Advantages of premarital agreements for both parties: Avoiding Litigation Costs:
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Amendment to Prenuptial or Premarital Agreement

A sample of the Uniform Act provides as follows:

25-201. Definitions

In this article, unless the context otherwise requires:

1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

25-202. Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

1. The person did not execute the agreement voluntarily.

2. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

25-203. Scope of agreement

A. Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.

3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.

4. The modification or elimination of spousal support.

5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.

6. The ownership rights in and disposition of the death benefit from a life insurance policy.

7. The choice of law governing the construction of the agreement.

8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

B. The right of a child to support may not be adversely affected by a premarital agreement.

25-204. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

25-205. Limitation of actions

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Mississippi Prenuptial Agreement With Infidelity Clause

Description

Related forms

Viewed forms

How to fill out Mississippi Prenuptial Agreement With Infidelity Clause?

Form popularity

FAQ

Can you put an infidelity clause in a prenup?

Can you put an infidelity clause in a prenup Australia?

Are infidelity clauses enforceable?

What clauses should be included in a prenup?

What Cannot be included in a prenuptial agreement?

Interesting Questions

What is a prenuptial agreement with an infidelity clause?

Are prenuptial agreements with infidelity clauses enforceable in Mississippi?

Do I need a prenuptial agreement with an infidelity clause in Mississippi?

Can an infidelity clause in a prenuptial agreement address financial consequences?

What happens if a spouse violates the infidelity clause in a prenuptial agreement?

Can a prenuptial agreement with an infidelity clause prevent divorce in Mississippi?

More info

Trusted and secure by over 3 million people of the world’s leading companies

Mississippi Prenuptial Agreement With Infidelity Clause

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Mississippi Prenuptial Agreement With Infidelity Clause?

Form popularity

FAQ

Can you put an infidelity clause in a prenup?

Can you put an infidelity clause in a prenup Australia?

Are infidelity clauses enforceable?

What clauses should be included in a prenup?

What Cannot be included in a prenuptial agreement?