Effective - 28 Aug 1939
451.220. Marriage contracts to be in writing, acknowledged or proved. — All marriage contracts whereby any estate, real or personal, in this state, is intended to be secured or conveyed to any person or persons, or whereby such estate may be affected in law or equity, shall be in writing, and acknowledged by each of the contracting parties, or proved by one or more subscribing witnesses.
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(RSMo 1939 § 3373)
Prior revisions: 1929 § 2986; 1919 § 7311; 1909 § 8292
CROSS REFERENCES:
Conveyance avoided if bar of inheritance rights fails, 474.130
Interrupted contract bars inheritance rights, when, 474.120
(1958) Postnuptial property settlement agreement whereby wife waived any right, title or interest which she might have in or to personalty or realty of husband was valid between the parties though not acknowledged and effected relinquishment of wife's dower. Chapman v. Corbin (A.), 316 S.W.2d 880.
(1962) Where marriage contract was entered into after the wedding and in the presence of guests and at a time when the wife did not have time to read it and did not understand what it contained and she testified that she signed it in order to avoid a fuss in the presence of wedding guests, it was held invalid because of duress. Wilson v. Wilson (A.), 354 S.W.2d 532.
(1968) Anticipatory, preparatory, collateral, and ancillary acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an exception to the provisions of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may enforce the contract, even though the acts are not, strictly speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d 269.
Structure Missouri Revised Statutes
Title XXX - Domestic Relations
Chapter 451 - Marriage, Marriage Contracts, and Rights of Married Women
Section 451.010 - Marriage a civil contract.
Section 451.022 - Public policy, same sex marriages prohibited — license may not be issued.
Section 451.030 - Bigamous marriage void.
Section 451.080 - Recorder to issue license — form of.
Section 451.100 - Marriages solemnized by whom.
Section 451.110 - Certificate of marriage to be given.
Section 451.115 - Marriages illegally solemnized — penalty.
Section 451.130 - Penalty for failure to issue, record or return license.
Section 451.150 - Licenses to be recorded — fee.
Section 451.160 - Names of children born before marriage shall be recorded.
Section 451.170 - Lost record of marriage supplied, how.
Section 451.180 - New certificate obtained, how.
Section 451.190 - Record supplied by certificate of witnesses, how.
Section 451.200 - Certificates and affidavits recorded when records lost or destroyed — fee.
Section 451.210 - Rerecording where marriage records are destroyed — fee.
Section 451.220 - Marriage contracts to be in writing, acknowledged or proved.
Section 451.230 - How acknowledged or proved — to be recorded, where.
Section 451.240 - Contract so recorded shall impart notice, to whom.
Section 451.270 - Property of married person exempt from debts of spouse incurred before marriage.