When you make the decision to form a household with someone, whether through marriage or cohabitation, you do so hoping the arrangement will last. Unfortunately, nothing in life is certain, and the consequences of neglecting to protect yourself can be severe. At The Henry Law Firm, P.A., we fully understand the complaint that prenuptial agreements are unromantic. But when it comes to your future financial security, we urge you to be prudent. We hope, as you do, that your relationship flourishes and lasts a lifetime. But we also have over 25 years of combined experience in divorce representation, which has made us cautious and practical when counseling our clients about planning for the future. Working closely with you, we can craft a reliable family law agreement with the protections you need to give you peace of mind now and in the future.
Kansas has a specific law governing prenuptial/premarital agreements. The law outlines the areas a marital contract can address, as follows:
The couple cannot make any provision for child support that would adversely affect the child.
The agreement is effective as soon as the couple marries, but to be enforceable, a contract must be free from:
To avoid having an agreement ruled invalid later, we are meticulous about executing the contract with all appropriate formality, including full transparency, independent legal representation for each party, and holding negotiations well in advance of the planned wedding date. When you retain our services for your premarital agreement, you can be confident your document will survive court scrutiny.
Although there is no specific statute for a postmarital agreement, married couples can form a contract at any time, which courts will honor provided the parties follow this statute’s guidelines for execution. However, a spouse should be cautious not to inadvertently surrender rights to the division of assets under Kansas equitable distribution law.
If divorce rates raise concerns about a couple’s future, the rate at which unmarried couples go their separate ways should also inspire caution. Cohabiting couples who pool their resources, buy property in common, and conduct their finances as though they were married have much less built-in legal protection than married couples who later divorce.
A cohabitation agreement can help you avoid legal pitfalls that can encumber couples living without the benefit of marriage. Our experienced family law attorneys can craft an appropriate contract that meets your needs and protects your rights.
Family law agreements are important tools that protect your property rights and give you peace of mind. The Henry Law Firm, P.A. helps clients negotiate and execute contracts that meet their specific needs. Call us at 913-381-5020 or contact our Overland Park office online to schedule a consultation with a skilled family law attorney.