Ready to follow the Yellow Brick Road to a prenup in Kansas? Just like Dorothy’s journey to find her way home, creating a prenup can guide you to financial security and peace of mind. Instead of seeking a wizard, you’ll be finding the right legal tools and advice to ensure your prenup is solid and effective. With the right knowledge and support, you’ll navigate the process smoothly. So, let’s get started on your path to a secure financial future; no magic slippers are needed!
Why do I need a prenup?
A prenup outlines clear rules for handling assets and debts if you get divorced. Without one, Kansas’ default laws will decide how everything is divided, and this might not align with you or your spouse’s preferences. This could lead to disputes and litigation over who gets what. However, this can all be avoided with a prenup.
Also, without a prenup, you won’t have much say in how spousal support (also known as alimony or spousal maintenance in Kansas) is handled, as state laws will make that decision. This might not match what you would have agreed to in a prenup.
How much money should you have to consider a prenup?
We’ve said it before, and we’ll say it again: prenups aren’t just for the wealthy! You don’t need a certain amount of money to get a prenup. It’s really about what property you have and what you want to safeguard.
Here are just a few of the examples of ways a prenup can protect you:
- Assets and Debts: If you or your fiancé have valuable possessions like a house, savings, investments, or significant debts, a prenup can outline how these will be split if the relationship ends.
- Income Levels: If you have a high income, a prenup can help protect your finances and set clear expectations for spousal support.
- Stay-at-home Parents: Even if you don’t have an income, a prenup is still a good idea. Those who stay home with the kids and put their careers on hold should be compensated and not left with nothing if the marriage ends.
- Business Ownership: If you own a business or have professional assets, a prenup can keep these assets protected.
- Inheritances and gifts: If you’re expecting a large inheritance, or even just simply receive gifts from your parents or other family regularly (think: wedding gifts), a prenup can ensure it stays separate from any shared assets.
Prenups aren’t just for people with millions of dollars. You can have $0 and still benefit from a prenup—whether it’s protecting against your partner’s debt, protecting your future money, or simply aligning with your spouse.
How much does a prenup cost?
The price of drafting a prenup can vary greatly depending on whether you use an online service or hire an attorney. Our 2024 Family Law Attorney Survey found that the average cost for a prenup is about $8,000 per couple, which can be as much as some couples spend on their whole wedding! But with HelloPrenup, you can get a prenup for just $599 per couple, and you can add attorney services for a flat fee. It’s a super affordable way to get a prenup from the comfort of your own home.
How hard is it to make a prenup in Kansas?
Getting a prenup in Kansas is a pretty simple process. Here’s a rundown of the steps you’ll need to take to make sure your prenup is valid and enforceable in Kansas:
Step 1: Talk It Over with Your Partner. Start by discussing why you want a prenup and what you want it to include. For an understanding of what you legally can include, Kan. Stat. § 23-2404 outlines what you can put in your prenup. This might be protecting property you both owned before the marriage, outlining financial responsibilities for debts incurred during the marriage, or planning for future assets like a large inheritance.
Step 2: Choose How to Draft the Prenup—Online or in person. According to Kan. Stat. § 23-2403, your prenup must be in writing. Decide whether you want to use an online service (like HelloPrenup) or go in person to a local attorney’s office. With HelloPrenup, you can blend both options. Our platform helps you create your prenup online, and you can choose to add attorney services at discounted flat rates. This way, you get the convenience of online drafting and the peace of mind of having an attorney review it. Win-win!
Step 3: Gather Financial Information. Collect all your financial details, such as bank accounts, property, and debts. Both of you need to disclose all this information pursuant to Kan. Stat. § 23-2407, including account numbers and values, to each other. If you’re thinking of leaving something out, think again. Hiding details could invalidate the prenup.
Step 4: Review and Revise. Go through any drafts carefully to make sure they match what you both agreed on. Really take your time on this part. Update anything that needs fixing before it’s finalized.
Step 5: Sign and Notarize. Both of you need to sign the prenup voluntarily, without any pressure, according to Kan. Stat. § 23-2403 and Kan. Stat. § 23-2407. Even though notarization isn’t required, it’s best practice to have the agreement notarized for extra protection. (This way, no one can argue that they didn’t sign it or didn’t know what they were signing down the road).
Can I write my own prenup in Kansas?
Trying to draft a prenup by yourself might seem like a good way to save some cash, but it’s not the best move (sorry to rain on your parade). While it’s not explicitly prohibited, it will be difficult. Prenups involve a lot of complex legal language and requirements that can be tricky to get right. If you make mistakes or miss important details, your prenup might not be enforceable in court.
Plus, in Kansas, having advice of counsel is a “significant factual factor” when determining the voluntariness of a premarital agreement under the UPAA, and that legal representation is “often the best evidence” that an agreement was signed voluntarily. Davis v. Miller, 269 Kan. 732, 741 (2000). Again, having an attorney isn’t a prerequisite to a valid and enforceable agreement, but it will be taken into consideration as to whether or not you had one if the prenup is ever challenged.
The bottom line on how to get a prenup in Kansas
That’s all, folks! Getting a prenup in Kansas can be very straightforward. You just need to choose between using an online service or working with a local attorney to ensure your prenup is valid and enforceable. After that, it’s all about talking through and negotiating the terms, drafting the agreement, and getting it signed and notarized to make it official. If you’re thinking about a prenup, consider getting help from HelloPrenup or a local Kansas attorney to make sure everything is in order.
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