Is Kansas Prenuptial Agreement Suitable For You?
Prenuptial agreements are becoming common across Kansas. This comes as more people start to appreciate the importance of getting prenups before marrying and the contract's significant role in protecting their assets.
Nonetheless, before signing a prenuptial agreement in Kansas, you should know it comes with unavoidable legal considerations. The prenup should only discuss issues that would arise in the event of divorce, separation, or death of a partner. Keep reading to learn more on the same.
Importance of a Kansas Prenuptial Agreement
Also known as a prenup, a prenuptial agreement allows couples to discuss how they wish to manage properties during their marriage and how they want the assets to be divided in the event of divorce.
Contrary to a common belief, signing a prenup does not increase the chances of a divorce. In fact, it promotes marital trust and happiness by giving spouses greater certainty about their financial future regardless of how their union turns out.
A prenuptial agreement in Kansas gives you peace of mind knowing that the assets you bring to the marriage, your inheritance and your business remain intact. Ultimately, you get to retain them after separation or divorce.
Suppose you have kids from a past relationship. The chances are that you have inheritance and security assets meant to go to those kids. And a prenup comes in to help you actualize that. You get to retain those properties, thus protecting your children's future.
Also, if one of you is a stay-at-home parent while the other one works, a prenup allows you to discuss how the non-working spouse will be supported financially after a divorce.
Prenups aim to help couples avoid litigation and fights related to property division during divorce. Also, if one party dies, the surviving partner will have an easier time navigating marital property and deciding who benefits from the deceased life insurance.
What Makes a Kansas Prenup Unenforceable?
Like most states in the US, Kansas employs the Uniform Prenuptial Agreement Act to establish the enforceability of a prenup. This means that couples must fulfill all the requirements this act outlines when forming a Prenuptial agreement; otherwise, it will be invalid and unenforceable.
Kansas Statutes, Chapter 23, Article 24, Section 23-2403 of the Kansas prenup laws require the contract to be in writing and signed by both parties. Notarization is not mandatory. The spouses should be competent to sign the prenup, meaning they should both be in their right state of mind.
The prenup should not include details that encourage divorce, such as offering incentives. It should not contain any vulgar or threatening language.
Some reasons a court may fail to enforce your prenup include:
- One spouse did not sign the agreement voluntarily
- The agreement was only signed because of threats, fraud, and coercion
- One party was not given a reasonable disclosure of their partner's assets and debts
Couples should seek legal counsel before signing a prenup. The law expert will guide the parties on the dos and don'ts to avoid violating the law, thus high chances of prenuptial agreement enforceability.
Things to Include in Prenuptial Agreement Kansas
Ensure to check out sections 23-2404 of the state's Statues to understand all aspects covered by a prenuptial agreement. Ideally, it would be best to discuss how you wish to manage marital status during marriage life. Outline regulations on how each party should buy or sell the other spouse's property and joint asset.
A prenuptial agreement also discusses spousal alimony, who will pay the other, and the payment duration. It explains if spouses will benefit from each other’s life insurance benefits, and most importantly, a prenup predetermines how assets will be divided in the event of a divorce.
Get a free Kansas prenuptial agreement form from us today for a seamless prenup formation.