Mississippi Prenuptial Agreement Laws: Enforceability Rules (2026)

Prenuptial agreements are enforceable in Mississippi, but only if they were fair when signed. The Mississippi Supreme Court treats a prenup "like any other contract" with an added requirement that it be "fair in the execution," meaning signed voluntarily with financial disclosure, and it also tests the terms for substantive unconscionability (Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014)).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the enforceability of prenuptial agreements under Mississippi Supreme Court decisions: Mabus v. Mabus (2003), Sanderson v. Sanderson (2014) and the later Sanderson decision (2018). It does not cover any Mississippi statute on premarital or marital agreements other than the statute of frauds, child support or custody terms, amendment or revocation, or postnuptial agreements. For how Mississippi divides property without an agreement, see Mississippi divorce laws.

Are prenups enforceable in Mississippi?

Yes, when they meet the standards the Mississippi Supreme Court has set. In Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014), the Court wrote:

"Mississippi law concerning prenuptial agreements is not well settled. However, it is well settled that prenuptial agreements are enforceable like any other contract."

The Court said much the same in Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003): "An antenuptial contract is just as enforceable as any other contract," citing Smith v. Smith, 656 So. 2d 1143 (Miss. 1995). Both decisions add requirements that ordinary contracts do not face, covered below.

The Mississippi decisions discussed here apply contract law and the Court's own prenup cases; none of them rests on a premarital-agreement statute. This page does not cover whether any Mississippi statute other than the statute of frauds, described below, addresses these agreements.

What makes a Mississippi prenup valid

Mississippi courts look at how the agreement was made (procedural fairness) and at what it says (substantive fairness).

Voluntary signing and financial disclosure

The Sanderson Court explained that prenups "also have the heightened requirement of being fair in the execution," and that "'Fair in the execution' means that the agreement must be entered into voluntarily, and each party must disclose his or her financial assets."

Disclosure does not have to take one particular form. The Court said that "Fair disclosure can be found either by the parties providing financial disclosure statements or by their independent knowledge of each other's financial state." In Mabus, the Court described the duty to disclose as "of paramount importance."

Independent lawyers

Mississippi does not make independent counsel a strict requirement. Sanderson, citing Mabus, held:

"Independent counsel is not necessarily required in order for a prenuptial agreement to be procedurally conscionable. However, whether parties had a reasonable opportunity to consult with independent counsel if they so desired is an important consideration."

In Sanderson, the agreement was signed a day or so before an informal wedding, with independent counsel involved. The Court upheld the finding that the agreement was procedurally conscionable.

Substantive unconscionability

Sanderson (2014) held that courts must also consider whether a prenup's terms are substantively unconscionable, and it sent the case back to the trial court to decide that question. The Court held that substantive unconscionability "feasibly could be measured at the time the prenuptial agreement is made," which "would maintain consistency in the law."

When the case returned to the Supreme Court in Sanderson v. Sanderson, 245 So. 3d 421 (Miss. 2018), the Court applied this definition, quoting West v. West (Miss. 2004): "Substantive unconscionability occurs when the terms of the agreement are so one-sided that no one in his right mind would agree to its terms." It affirmed the chancellor's finding that the agreement was substantively conscionable and enforceable, and it rejected comparing the parties' results at divorce, looking at the agreement when it was made rather than at "the consequences seventeen years later."

Can a Mississippi prenup waive alimony?

The Mississippi Supreme Court has enforced alimony waivers in the cases covered here. In Mabus, the Court affirmed a chancellor's ruling that the prenup was valid and gave effect to the wife's alimony waiver; the chancellor also noted that alimony would not have been awarded anyway.

In Sanderson (2018), the agreement eliminated all spousal-support rights and let each spouse keep separate property, including after-acquired property. The Court affirmed the finding that it was enforceable. For how Mississippi courts handle spousal support when there is no valid waiver, see Mississippi alimony laws.

Does a Mississippi prenup have to be in writing?

Mississippi's statute of frauds, Miss. Code Ann. § 15-3-1, bars a lawsuit "upon any agreement made upon consideration of marriage, mutual promises to marry excepted" unless the agreement, or a memorandum or note of it, is in writing and signed by the party it is enforced against or by someone that party authorized in writing. The statute wording is quoted from a 2020 compilation of the Mississippi Code.

What this page does not cover

This page does not cover these common prenup questions:

• whether a prenup can limit child support or decide custody;
• whether a prenup must be notarized or meet any other formal requirement;
• how a prenup is amended or revoked;
• time limits for challenging an agreement; and
• postnuptial agreements made during the marriage.

A lawyer licensed in Mississippi can draft or review these agreements and can answer those questions for a particular agreement.

Property division in Mississippi without a prenup

Mississippi is not a community property state. Its courts divide marital property at divorce by equitable distribution, under the framework of Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), and Hemsley v. Hemsley, 639 So. 2d 909 (Miss. 1994), which Godwin v. Godwin (Miss. 1999) cites. For more, see Mississippi divorce laws.

Disclaimer: This article provides general legal information about prenuptial agreements under Mississippi case law (Mabus v. Mabus (2003), Sanderson v. Sanderson (2014 and 2018)), verified on 2026-10-08. It is not legal advice and is not a template for an agreement. For advice about your situation, consult a lawyer licensed in Mississippi.

Related

• Prenuptial agreement laws in every state
• Mississippi divorce laws
• Mississippi alimony laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups legally binding in Mississippi?

Yes, if fairly made. The Mississippi Supreme Court held in Sanderson v. Sanderson (2014) that prenups are enforceable like any other contract but must be fair in the execution and not unconscionable.

Does each spouse need a lawyer for a Mississippi prenup?

Not necessarily. Sanderson (2014), citing Mabus v. Mabus (2003), held independent counsel is not necessarily required, though a reasonable opportunity to consult counsel is an important consideration.

Do you have to disclose finances for a prenup in Mississippi?

Yes. Fairness in execution requires each party to disclose his or her financial assets, which can be shown through disclosure statements or each party's independent knowledge of the other's finances (Sanderson, 2014).

When does a Mississippi court judge whether a prenup is fair?

At signing. Sanderson (2014) and Sanderson (2018) measure substantive unconscionability at the time the agreement is made, not by the results years later at divorce.

Can a prenup waive alimony in Mississippi?

The Mississippi Supreme Court gave effect to an alimony waiver in Mabus v. Mabus (2003) and enforced an agreement eliminating all spousal-support rights in Sanderson v. Sanderson (2018).