Mississippi-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
5.0 Stars · Google Reviews
Prenuptial agreements in Mississippi, also called antenuptial agreements, are governed by contract law rather than a uniform statute. Mississippi has not adopted the Uniform Premarital Agreement Act. Mississippi courts have recognized these agreements since the 1800s and enforce them like other contracts, but with one important added requirement.
Mississippi is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends on the court’s assessment of the circumstances. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
The added requirement is that a Mississippi prenuptial agreement must be fair in the execution. This is a procedural standard, and it has two parts:
There is one area where Mississippi law is genuinely unsettled. Courts clearly require that an agreement be fair in the execution, which is procedural. They have been less clear about whether they will also review an agreement for substantive unconscionability, meaning fundamental unfairness in the terms themselves. Because that question is open, the prudent approach is to make sure the agreement is both properly executed and reasonably fair in substance, rather than relying on procedure alone.
To be valid, the agreement must be in writing and signed before the marriage. Notarization is not required by statute but is strongly recommended. Independent counsel is not required either, and Mississippi courts have enforced agreements where one party chose not to use a lawyer, but having separate counsel strengthens enforceability.
Mississippi treats a prenup like any other contract, but adds the requirement that it be “fair in the execution,” which comes down to two things: voluntary signing and full financial disclosure (or the other party’s independent knowledge of the finances). Disclosure is the heart of it. And because Mississippi law is unsettled on whether courts also review the fairness of the terms themselves, the safest agreement is one that is both properly executed and reasonable in substance. We draft for both.
$150, credited toward your agreement.
Custom to Mississippi law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Mississippi does not impose a statutory waiting period, but because courts examine timing and disclosure closely under the “fair in the execution” standard, we build in full, documented disclosure and unrushed signing.
Flat fee. Clear scope. No surprises.
Need help deciding which is right for you? Book a consultation — we’ll walk you through the options.
“Prenups.com made what would’ve been a very scary and intimidating thing to do…very easy, approachable, and doable.”
“After speaking with several firms, Prenups.com was the best prepared and offered the most thoughtful and well-considered advice.”
“Prenups.com listened to what we wanted, and professionally presented a comprehensive prenup that far exceeded our expectations.”
We work with couples across Mississippi, from Jackson, Gulfport, and Southaven to Biloxi, Hattiesburg, Olive Branch, Tupelo, and Oxford. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Mississippi-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows how Mississippi applies the “fair in the execution” standard, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
Still have questions? Schedule a consultation →
A prenuptial agreement in Mississippi, also called an antenuptial agreement, is a written contract signed before marriage that sets out how a couple’s property, debts, and spousal support will be handled if the marriage ends in divorce or death. Mississippi has no prenup statute, so these agreements are governed by contract law, with the added requirement that they be fair in the execution.
Yes. Mississippi has recognized prenuptial agreements for well over a century and enforces them like other contracts, provided they are fair in the execution. That means the agreement must have been entered into voluntarily and supported by full financial disclosure or the other party’s independent knowledge of the finances.
A valid Mississippi prenup must be in writing and signed before the marriage, entered into voluntarily, and supported by full financial disclosure (or independent knowledge of the other party’s assets). Because Mississippi law is unsettled on substantive fairness, reasonable terms are also wise. Notarization and independent counsel are not required but are strongly recommended.
At Prenups.com, a Mississippi prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Mississippi prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding, because Mississippi courts look closely at timing, and a last-minute signing can suggest pressure that undermines the “fair in the execution” requirement.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, a postnuptial agreement is the equivalent document. Mississippi does not set a fixed statutory waiting period, but signing well in advance supports the conclusion that the agreement was entered into voluntarily.
Yes. A Mississippi prenup can be challenged if it was not fair in the execution, meaning it was signed involuntarily or without adequate disclosure. Fraud, duress, and undue influence are also grounds. Because Mississippi law is unsettled on whether courts will review the substance of the terms, a grossly one-sided agreement may also face scrutiny.
A Mississippi prenup can address property ownership and the classification of separate and marital property, the division of assets and debts on divorce or death, alimony, the treatment of inheritances and gifts, the protection of a business, and estate planning, including protection for children from prior relationships.
A Mississippi prenup cannot bindingly determine child custody or child support, which the court decides based on the child’s best interests. It also cannot be enforced if it was not fair in the execution, and it cannot include terms that violate public policy or law.
No. Mississippi does not require each party to have a separate attorney, and courts have enforced agreements where one party chose not to use counsel. That said, independent representation supports both the voluntariness and disclosure elements of the “fair in the execution” standard, so it is strongly recommended.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Mississippi. It can confirm that a business is separate property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes. Mississippi recognizes postnuptial agreements, governed by the same general contract and “fair in the execution” framework as prenups. A postnup should be in writing, signed voluntarily, and supported by full disclosure. At Prenups.com, a Mississippi postnuptial agreement is a flat fee of $4,500.
Schedule a 30-minute consultation with a Mississippi-licensed prenup attorney. Flat-fee pricing, a fully virtual process, no surprises.
