A Kansas postnuptial agreement is a legal arrangement between married partners detailing the division of their possessions in the event of a divorce or death. Unlike a prenuptial agreement, executed before marriage, a postnuptial agreement is entered into after the couple has wed.
Legal Considerations
Kansas Statute § 23-2601 governs aspects of marital and domestic relations, including property.
- Signing Requirements: Both parties must sign the agreement. (Davis v. Miller (2000))
- Dividing Property: Equitable division. (§ 23-2802)
Understanding Postnuptial Agreements in Kansas
Considerations
- Content: A separation agreement may cover a parenting plan, including child custody, residency, visitation, and support, but the court has the final say on these matters, as per § 23–2712(a).
- Jurisdiction: Settled matters, excluding child custody, residency, visitation, support, or education, in a valid separation agreement can’t be modified unless agreed by both parties or permitted in the agreement as per § 23–2712(b).
- Intent to Divorce: Separation agreement rules apply to all spousal contracts made during marriage, regardless of intent to stay married. (Traster v. Traster (2014))
Asset and Property Rights
Capacity to Contract
- A married person, while married, may sell their property and enter contracts [1] .
Marriage and Divorce
Separation Agreement
- Nothing in this act shall invalidate any present or future marriage settlements or contracts [2] .
Kansas Case Law
Davis v. Miller (2000)—Enforcement and Challenges: In Kansas, a postnuptial agreement must be entered into voluntarily and without coercion, and both parties must have access to legal representation. Challenges to enforcement typically revolve around allegations of duress, undue influence, or lack of fair disclosure.
