A couple doesn’t need to wait until the divorce process begins to determine how their property should be divided in the event of a breakup. They can make agreements to decide such matters during their marriage or even before their wedding. Indeed, couples who want merely to cohabitate, rather than marry, including same-sex couples, can make legally binding agreements of this nature. The Henry Law Firm, P.A. in Overland Park advises Kansas couples on marital and cohabitation agreements, and draft enforceable documents that reflect their wishes.
Some couples prefer to cohabitate without getting married. Many partners live together for years, often sharing ownership of a home, a car and other valuable possessions. For these people, a cohabitation agreement can be essential, not only to define their property rights, but to cover concerns relating to inheritance and the ability of one partner to visit and take part in medical decisions when the other partner is in a hospital.
Laws barring same-sex marriage historically prevented LGBTQ+ couples from establishing a legal relationship. Though the same rules on marriage and divorce now apply to couples whether the spouses are of the same or different sexes, LGBTQ+ families might choose to not to marry for their own reasons. Even when parties are in a longstanding, committed relationship, marital rights typically don’t apply to non-married couples. In these cases, it’s particularly important to draft a formal cohabitation agreement that you can rely on to be enforced if the need arises. You can trust us to help with that.
A prenuptial agreement is a written contract created by prospective spouses before their wedding. These agreements take effect as soon as the couple marries and can address what happens to marital and separate property when the couple divorces. You can also include language regarding other issues, such as the transfer of assets, alimony terms, insurance policies, responsibility for debts and estate planning instruments.
To be legally binding, a prenuptial agreement must be voluntarily signed by each party. However, a court may refuse to enforce a prenuptial agreement that is too one-sided or the product of fraud or duress (a finding of duress might require evidence of a physical or psychological threat). We can prepare a legally effective prenuptial agreement that meets your needs.
A postnuptial agreement differs from a prenuptial agreement in that a couple enters into it after they have married. This type of document takes effect immediately, unless the agreement specifies otherwise. It may cover the same topics as a prenuptial agreement, has the same legal requirements and may be declared invalid on the same grounds. Postnuptial agreements are often developed to make a potential divorce or legal separation easier, or to resolve family law issues that arise during the course of a marriage. Like a prenuptial agreement, a postnuptial pact cannot set child custody or child support terms. We prepare personalized postnuptial agreements for Kansas married couples.
At The Henry Law Firm, P.A., we help negotiate and draft prenuptial, postmarital and cohabitation agreements of all kinds. Call us at 913-381-5020 or contact us online to schedule a consultation with one of our attorneys in Overland Park.