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Family Law Agreements

Overland Park Lawyers Draft Prenuptial & Postnuptial Agreements in Kansas

Protecting your rights with valid marital and cohabitation contracts

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 30 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.

Understanding the Kansas premarital agreement statute

Kansas has a specific law governing prenuptial/premarital agreements. The law outlines the areas a marital contract can address, as follows:

  • The rights and obligations of each party in any of the property held separately or together
  • The right to exercise control over property
  • How to dispose of property upon separation, divorce, death or any other event
  • The modification or elimination of spousal support
  • The making of a will or trust to implement provisions of the agreement
  • Ownership rights in a death benefit from a life insurance policy
  • The choice of law governing the agreement
  • Any other matter that does not violate public policy or the law

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:

  • Coercion or duress — Both parties must sign the agreement voluntarily without undue emotional pressure.
  • Unconscionable unfairness — At the time the agreement is created, the terms cannot be grossly unfair to one party while solely benefitting the other, if the disfavored party did not receive fair and reasonable disclosure of the favored party’s finances, the disfavored party did not expressly and voluntarily waive in writing the right to full disclosure, and the disfavored party did not have adequate knowledge of the favored party’s financial circumstances.

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.

Securing your rights with a cohabitation agreement

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.

Contact our knowledgeable attorneys in Overland Park for an effective family law agreement.

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.

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