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.<\/p>\n
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.<\/span><\/p>\n 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 <\/span>family law attorneys<\/span><\/a> 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.<\/span><\/p>\n 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.<\/p>\n 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:<\/span><\/p>\n Under the Kansas premarital agreement statute<\/span><\/a>, spouses can include the following terms in their contract:<\/span><\/p>\n It’s important to note that the agreement cannot include any term that negatively affects the right to seek and receive <\/span>child support<\/span><\/a>.<\/span><\/p>\n 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:<\/span><\/p>\n 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.<\/span><\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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<\/span> Lawrence<\/span><\/a>,<\/span> Topeka,<\/span><\/a> and<\/span> Wichita,<\/span><\/a> as well as in<\/span> Kansas City, MO<\/span><\/a>, to better serve you. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" 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 […]<\/p>\n","protected":false},"author":152,"featured_media":1137,"parent":104,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/template-practice-areas.php","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-2404","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nWhat Is a Postmarital Agreement?<\/h2>\n
The Uniform Premarital and Marital Agreements Act<\/h2>\n
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What to Include in Your Pre- or Postmarital Agreement<\/h2>\n
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The Benefits of Working with an Overland Park Premarital Agreement Attorney<\/h2>\n
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FAQs About Premarital Agreements in Overland Park<\/h2>\n
How long do prenuptial agreements last?<\/h3>\n
Can a lawyer get a premarital agreement thrown out?<\/h3>\n
Can you modify a premarital agreement in Kansas?<\/h3>\n
Can premarital agreements protect future assets?<\/h3>\n
Can I keep my prenup private?<\/h3>\n
Do You Have a Premarital Agreement Lawyer Near Me?<\/h2>\n