Overland Park Family Law Attorneys Create Fair Prenuptial Agreements

Kansas law firm helps prospective spouses move forward with confidence

Couples approaching their wedding date may feel like there are a mountain of details to address, but there is an important one that is often overlooked: safeguarding your long-term financial stability with a prenuptial (or premarital) agreement. At The Henry Law Firm P.A., in Overland Park, we work with Kansans in establishing prenuptial agreements that set forth clear and fair terms for property division, spousal support, and other important issues in the event of a divorce. Regardless of the size of your personal wealth, this type of legal document offers the security you deserve, even if you should never need to put such a document into effect.

Incorporating asset protection into your wedding plan

Premarital (or prenuptial) agreements have become increasingly popular in recent years for a variety of reasons. The average age when people decide to get married has risen, so prospective spouses are more likely to have established careers and therefore usually have more assets that they want to protect. The stigma associated with “prenups,” fueled by inaccurate portrayals in movies and television shows, has largely gone away. Responsible individuals now make preparation for unpleasant events that might or might not happen in the future. Negotiating a prenup is no different and it is especially important when both people come to a marriage with significant financial interests that they are willing to disclose.

Reasons to consider a prenup

There are numerous potential benefits associated with executing a prenuptial agreement, such as:

• Clarifying disposition of assets and debts — Although each party’s pre-marriage assets and debts are supposed to stay with them following a divorce, it can sometimes be quite difficult to unwind what belongs to whom, especially if the couple lived together before they were wed. We take the time to draft documents that plainly state how existing assets and debts should be treated in a divorce, and that also include any agreement between the parties about items that normally would become part of the marital estate.
• Avoiding lengthy disputes over alimony and property division — Without a prenuptial agreement, a divorce can get bogged down in disputes over alimony (also known as “spousal maintenance”) and property division, leading to additional time, expense, and stress for both parties.
• Maintaining personal freedom — Many people stay in unhappy and even abusive marriages because they are uncertain about how a divorce will affect them financially. With a sound prenup, you have the peace of mind that comes with knowing what lies ahead in the event of a break up.
• Preserving family inheritances — Although bequests left to one spouse are typically considered separate property, there are many ways in which assets can become commingled, transforming an inheritance into a divisible marital asset. Your prenuptial agreement can specify how particular inherited assets will be treated. It can also protect the legacy that you wish to leave to children of a previous relationship.
• Keeping control of a business — Even if just one spouse participates in its operations, a business that is acquired after a couple is wed is a shared martial asset unless the parties direct otherwise in a pre- or postmarital agreement. 

Just as each relationship is unique, so is each prenuptial agreement. Though the weeks and months before a wedding can be very busy, it is worthwhile to work with an experienced Kansas family lawyer so you can create a document that is tailored to your circumstances and priorities. 

Experienced attorneys focus on fairness and full disclosure during negotiations 

When developing prenuptial agreements for clients, our firm emphasizes the necessity of fully disclosing relevant financial information. If the marriage ends, the prenup might not be enforceable if a spouse was hiding something material about his or her assets or debts when the contract was signed. Honest communication is a cornerstone of strong marriages and the prenup negotiation process should be a forum for discussing vital matters and reaching mutual agreement in a thoughtful, cooperative manner.

Contact a Kansas lawyer to make a prenuptial agreement part of your wedding plan

The Henry Law Firm P.A., in Overland Park gives prospective spouses the legal guidance they need to create a fair, enforceable Kansas prenuptial agreement. For a consultation regarding your particular needs, please call 913-381-5020 or contact us online.