Kansas City Premarital Agreement Attorneys

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All couples entering the bonds of marriage can benefit from creating a prenuptial agreement. Though they may not inspire romance, “prenups” are incredibly useful tools that can help you protect yourself, your children, and your legacy. At Joseph, Hollander & Craft, we help clients prepare for the future through thoughtful planning, creating custom solutions that work for them. Contact our Kansas City prenuptial agreement attorneys today to get started.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract signed by two people before they marry; it is entered in anticipation of marriage and becomes effective when they enter the marriage. Its purpose is to set out in advance how assets, debts, and spousal maintenance will be handled if the couple divorces. In both Kansas and Missouri, a prenuptial agreement must be written to be enforceable; an oral prenuptial agreement is not enforceable.

Postnuptial Agreements in Missouri

A postnuptial agreement is similar to a prenuptial agreement. It is a contract between spouses that addresses spousal maintenance and the division of assets and debts in the event of divorce. The difference is that a postnuptial agreement is entered after a couple has already married.

The Uniform Premarital and Marital Agreements Act

The Uniform Premarital Agreement Act is one of many laws promulgated by the Uniform Law Commission for the purposes of promoting uniformity between states. In order for a uniform act to become effective in any given state, that state must specifically adopt the act into its own state statutory scheme. Kansas has adopted the Uniform Premarital Agreement Act, but Missouri has not. However, Missouri does uphold and enforce premarital and post-marital agreements.

What Is Included in a Prenuptial Agreement?

A prenuptial agreement can:

• specify which assets will be classified as marital property (to be divided equitably between both spouses) and which will be separate property (belonging solely to one spouse)
• establish how any inheritance received by each spouse will be handled
• dictate how debts will be paid (including premarital and marital debts)
• address how a family business will be addressed
• direct the division of particular assets to one spouse or another (for example, who will get the marital residence in the event of a divorce)
• designate which spouse will keep a pet
• set out whether and how spousal maintenance will be paid

A prenuptial agreement cannot:

• decide child custody or child support issues
• include provisions that encourage divorce

Do I Need a Kansas City Prenuptial Agreement Lawyer?

The rules that govern prenuptial agreements are state-specific. The assistance of a Kansas City prenuptial agreement attorney can be invaluable to creating a valid and enforceable document. If you want it done right, it is worth investing in a lawyer to make that happen.

Likewise, it is best practice to engage an attorney to review and advise you regarding an agreement drafted by an attorney representing your significant other. Joseph, Hollander & Craft routinely advises clients in these matters.

FAQs About Prenuptial Agreements in Kansas City

Can you invalidate a prenuptial agreement?

Several factors may make a prenup invalid at its inception, including, for example:

• when one party signs under duress or coercion
• when the agreement is unconscionable
• when one party failed to disclose important financial information
• when the terms are against public policy

What is a sunset clause in a prenup?

A sunset clause is a provision in a prenuptial agreement that sets forth an event or date at which time the terms of the agreement expire. For example, a couple may agree that the terms of their agreement will expire on a certain date or wedding anniversary or after the birth of child.

Can you modify a prenup?

In both Kansas and Missouri, a prenuptial agreement can be modified with the agreement of both parties. The modification can be accomplished through an addendum, which is a supplement to the original agreement. Or it can be replaced by a substitute agreement that specifically voids and nullifies the terms of the first agreement. Any modification must be in writing.

Do premarital agreements cover child custody in the event of a divorce?

Couples cannot negotiate the terms of child custody in a premarital agreement. All custody decisions must serve the best interests of the child at the time the order is entered.

Is a prenuptial agreement better than a will?

Neither is better than the other. They just serve different purposes. Prenups govern how property will be distributed in the event of a divorce while wills govern how property will be distributed in the event of death.

Do You Have a Kansas City Prenuptial Agreement Lawyer Near Me?

Joseph, Hollander & Craft maintains an office near the corner of Cherry and 10th Street, in Kansas City, MO. We are near the Jackson County Courthouse. The firm also has offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.

Contact Joseph, Hollander & Craft in Kansas City for Help With a Prenup

Prenuptial agreements can help you protect what matters most. For strategic legal guidance tailored to your needs, please call all or contact Joseph, Hollander & Craft in Kansas City to reserve a consultation.