Overland Park Premarital Agreement Attorney

Home » Overland Park Family Law Attorneys » Overland Park Premarital Agreement Attorney

Couples preparing for marriage should be making plans for their financial future together. As you consider what this looks like, you should consider a prenuptial agreement to formalize your plans and address financial issues that may arise in the event of divorce. With the right family law firm by your side, you can effectively negotiate a comprehensive contract that protects your rights and interests should you and your spouse eventually divorce. Count on the Overland Park premarital agreement attorneys of Joseph, Hollander & Craft.

What Is a Premarital Agreement?

A premarital agreement — also known as a prenuptial agreement, or “prenup” — is a written contract that a couple enters into before getting married which addresses how certain issues will be resolved if they later divorce. Although this is the primary purpose most people associate with a prenup, it is not the only reason to enter into this contract. A premarital agreement can also spell out certain other financial and property rights that the spouses will enjoy during the marriage.

Many spouses shy away from the idea of entering into a prenuptial agreement because, in their mind, it is as if they are dooming the marriage to divorce and hedging their bets against each other. Put simply, entering into a prenup may seem unromantic and even cynical. However, experienced family law attorneys know that these documents exist to protect your respective rights and provide peace of mind, similar to how insurance exists to protect your property, health, and life.

What Is a Postmarital Agreement?

A postmarital agreement — also called a postnuptial agreement or “postnup” — is essentially the same as a premarital agreement, except that it is entered into after the marriage has started. Spouses are allowed to enter into contracts at any point. As with prenuptial agreements, postnuptial agreements must abide by certain legal formalities in order for the courts to enforce them.

The Uniform Premarital and Marital Agreements Act

Kansas has adopted a version of the Uniform Premarital and Marital Agreements Act which governs premarital agreements and other marriage contracts. Under this law, there are a few basic requirements that the spouses must meet for a judge to enforce their prenuptial agreement:

• The contract must be in writing.
• Both spouses must sign the agreement.
• The agreement must be signed without coercion or duress, meaning both spouses must voluntarily enter into it.
• The agreement must not be unconscionable, meaning excessively one-sided or grossly unfair to one spouse.

What to Include in Your Pre- or Postmarital Agreement

Under the Kansas premarital agreement statute, spouses can include the following terms in their contract:

• Rights and obligations in any of the property of each other, or property they both own
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property
• How property will be disposed of upon separation, dissolution of the marriage (e.g. divorce), death, or the occurrence or non-occurrence of any other event
• Modification or elimination of spousal support
• The making of a will, trust, or other instrument to give effect to the provisions of the agreement
• Ownership rights in a life insurance policy death benefit
• The choice of law governing the agreement (which state’s laws apply)
• Any other matter, including the spouses’ personal rights and obligations, as long as it doesn’t violate the law or public policy

It’s important to note that the agreement cannot include any term that negatively affects the right to seek and receive child support.

The Benefits of Working with an Overland Park Premarital Agreement Attorney

Retaining a knowledgeable premarital agreement lawyer in Overland Park is essential to ensuring that your premarital agreement complies with applicable statutes. Moreover, an experienced family lawyer can take several additional steps to ensure the premarital agreement is enforceable:

• The spouses should make a full and transparent disclosure of their financial circumstances to each other.
• There should be sufficient time before the wedding to review and thoughtfully consider the agreement.
• Both spouses should have independent legal representation review the terms of the agreement before they sign it.
• The contract should be notarized so there are no legitimate questions as to who signed it or their mental state when they did so.

We understand the laws and court decisions surrounding both prenuptial and postnuptial agreements, and how to draft these contracts so they protect your rights and interests and give you peace of mind going forward. Contact Joseph, Hollander & Craft today to begin working on your premarital agreement.

FAQs About Premarital Agreements in Overland Park

How long do prenuptial agreements last?

Prenups can expire if the spouses agree to include a sunset clause. For instance, they can include language in the contract such that the agreement will automatically expire after ten years. Or the terms of the agreement may expire upon the occurrence of a major life event like the birth of a child. Of course, the couple may always agree to renew or modify the agreement or to enter a new agreements.

Can a lawyer get a premarital agreement thrown out?

It is possible to challenge a premarital agreement. Violating any of the above requirements, for example by failing to adequately disclose one’s finances, may be sufficient grounds to invalidate the agreement. Even so, there may be extenuating circumstances such as a waiver or evidence that the spouse seeking to invalidate independently knew of the other spouse’s financial circumstances.

Can you modify a premarital agreement in Kansas?

Yes, the spouses can agree to modify or even revoke the premarital agreement. They must do so in writing and they must both sign the modification or revocation. Modification or revocation may be desirable if a sunset clause is included in the agreement and the triggering date or event is approaching.

Can premarital agreements protect future assets?

Yes, a premarital agreement can be and typically is drafted in such a way as to cover future assets. For instance, the agreement may state that any income from rental properties purchased at any time during the marriage would be divided equally between both spouses for a set number of years, or that any monies earned from the sale of a collection would be put into trust for the couple’s children, regardless of who keeps that collection in the event of a divorce. The parties may also draft the prenup in a way to expressly shield a spouse’s future inheritance from property division.

Can I keep my prenup private?

In general, prenups are private. After the contract is executed both spouses keep a copy of it in their personal records. If the spouses divorce, they simply follow the terms of the premarital agreement. However, the document could become public if one spouse contests the validity of the agreement or attempts to invalidate it so that the agreement must be admitted into evidence in court proceedings.

Do You Have a Premarital Agreement Lawyer Near Me?

Joseph, Hollander & Craft has an office at 10104 W 105th St, on the corner of Mastin St., in Overland Park. We’re across from the US Veterans Administration building and provide on-site parking. Our firm has additional offices in Lawrence, Topeka, and Wichita, as well as in Kansas City, MO, to better serve you.