A Kansas prenuptial agreement is a legally binding document signed by two individuals before marriage, outlining their respective rights and responsibilities with respect to shared and individually owned property. It serves as a financial blueprint for the couple’s future and ensures that both parties are on the same page regarding asset allocation, management, and inheritance.
In the event of a separation or divorce, the agreement outlines how the assets are to be divided, potentially saving the couple time and money that would otherwise be spent on legal fees and court proceedings.
Legal Considerations
Laws:
- § 23-2401 – Title of act
- § 23-2402 – Definitions
- § 23-2403 – Premarital agreement; writing required
- § 23-2404 – Same; areas with respect to which parties may contract; right of child to support not to be adversely affected
- § 23-2405 – Same; effective, when
- § 23-2406 – Same; amendment or revocation after marriage.
- § 23-2407 – Same; enforceability
- § 23-2408 – Same; effect when marriage determined to be void
- § 23-2409 – Same; statute of limitations tolled during marriage; equitable defenses available
- § 23-2410 – Uniformity of act
- § 23-2411 – Application of act
Signing Requirements: Both parties. (§ 23-2403)
Dividing Property: Equitable division. (§ 23-2802)
Enforceability Requirements
Considerations for a Valid Agreement
A prenuptial agreement must meet certain requirements to be considered valid:
- Essential Terms for Validity: Must be written, signed voluntarily, and fair to be valid.
- Full Disclosure: Both parties must provide full financial disclosure before signing.
- Compliance: Must not violate public policy or any statute.
- Invalidation Conditions: Will not be enforced if obtained through fraud, coercion, mistake, or misrepresentation.
- Statute of Limitations: While married, the statute of limitations for a claim under a prenuptial agreement is paused. Equitable defenses, like laches and estoppel, can still limit enforcement time for either party.
Modification or Revocation
- To Modify or Revoke: Only by a written agreement, signed by the parties.
- Enforceable: Without consideration.
