If you’re planning a wedding in Kansas, whether in the heart of Kansas City, charming Topeka, or the wide-open spaces of Wichita, you probably have a million questions swirling around your engagement from the dress, the venue, the playlist to that big conversation about prenups. A prenuptial agreement might sound like bracing for an end before the marriage has even begun. But a prenup provides so much clarity and stability for your life together, that it can truly strengthen your marriage and increase the likelihood that it lasts. A prenup helps you create a roadmap if the unexpected happens protecting your assets, your partner, and your peace of mind. But, do I need a lawyer for a prenup? And, what are the requirements for a valid prenup in Kansas? Continue reading to learn more about prenups and to find the answers to your questions.
Do I need to have a lawyer for a valid prenup in Kansas?
Under Kansas law, prenuptial agreements are governed by the Kansas Uniform Premarital Agreement Act. The statute does not require either party to have a lawyer for the agreement to be valid. But, it is highly recommended that you have an attorney involved in the drafting process. Whether you hire an attorney at the outset of the prenup process or use a well respected online prenup drafting platform like HelloPrenup, including an attorney will help ensure that your prenup abides by Kansas requirements for enforceability and have the best chance of holding up in court.
Do we both need to hire a lawyer, or can just one of us?
Courts in Kansas take a close look at the circumstances surrounding the signing of a prenup. Fairness and voluntary execution are two of the most important factors that must be present for a prenup to be upheld. This is where independent legal advice can make or break a prenup’s enforceability (K.S.A. 23‑2401 to 23‑2411). Nothing in Kansas law prevents only one of you from hiring a lawyer, but this imbalance of professional legal advice creates a potential vulnerability. The unrepresented party might later claim they didn’t fully understand what they signed. Judges in Kansas, like those in many other states, are more comfortable upholding agreements when both parties have the opportunity to consult independent legal counsel. In practice, if one of you hires a lawyer to draft the agreement, it’s wise for the other to at least have a separate attorney review it. This doesn’t have to mean thousands of dollars in legal fees. It can be a single consultation. But it shows the court that both people understood the terms, reducing the chance of the prenup being challenged later.
Can we share a lawyer?
It’s tempting to think you can save time and money by sharing a lawyer, especially if you and your partner are on the same page about the terms. Unfortunately, this is one of the biggest mistakes couples make. In Kansas, as in most states, an attorney cannot ethically represent both parties in drafting a prenup because it creates a conflict of interest. A lawyer’s job is to advocate for their client’s best interests. They can’t do that for two people whose interests and desires might diverge, even slightly. If you share one lawyer, you risk the agreement being challenged later on grounds of fairness or coercion. The safest route is for both you and your fiancé to hire separate attorneys ensuring both of you understand and agree to the final document.
Can I Draft My Own Prenup?
You can absolutely draft your own prenup in Kansas. There’s no law preventing couples from using templates or even writing one from scratch. But there’s a catch! Doing it by yourself can significantly reduce the chance your prenup will be upheld if challenged in the future. The Kansas Uniform Premarital Agreement Act sets strict requirements for validity, and courts have shown in cases like the 2000 case Davis v. Miller, that they will closely scrutinize agreements for fairness and proper disclosure (Davis v. Miller (2000). A prenup you drafted on your own might save money upfront, but it can backfire if a judge later finds the terms unconscionable or the disclosure incomplete.
What Are the Legal Requirements for a Valid Prenup in Kansas?
Kansas law is very clear about what makes a prenup valid. It must be in writing and signed by both parties before the wedding. And, both parties must enter into it voluntarily, without coercion or undue pressure. Avoid springing a prenup on your fiancé the night before the ceremony! You should give at least three to six months of a buffer between signing the contract and saying your wedding vows. There must also be full and fair disclosure of each party’s assets and debts, unless that disclosure is expressly waived in writing. Perhaps most importantly, the agreement cannot be unconscionable at the time it was executed. Unconscionable means that it’s so one-sided that it shocks the conscience.
Kansas courts follow the standards laid out in the UPAA, so unlike states such as Massachusetts, there’s no “second look” doctrine that requires the prenup to be fair both at signing and at divorce. Once valid, a Kansas prenup is generally enforceable unless there’s proof of fraud, duress, or gross unfairness at the time of signing. Just make sure that both you and your fiancé are fully comfortable with the terms in your agreement and their associated financial and legal consequences before signing.
How much does a prenup lawyer cost in Kansas?
The cost of a prenup lawyer in Kansas varies widely depending on complexity, location, and the lawyer’s experience. In general, couples can expect to pay anywhere from $1,000 to $2,500 for a straightforward agreement and $3,000 to $5,000 or more for more complex financials. Situations that can increase the cost of a prenup include when one party owns a business, has significant real estate holdings, or wants to address future inheritance issues. If each party hires separate counsel, which is the safest approach, each should budget for their own legal fees. Many lawyers offer flat fees for drafting and reviewing prenups, which can help manage costs and avoid surprise bills. When comparing the cost of a prenup with the cost of litigation if you get divorced without a prenup, the upfront investment in doing it right is almost always worth it. A solid prenup can save tens of thousands in legal fees and months of stress in the future.
Where do I find a prenup lawyer in Kansas?
Kansas has a number of excellent family law attorneys who specialize in prenuptial agreements. A good starting point is the Kansas Bar Association’s Lawyer Referral Service, which can connect you with vetted attorneys in your area. Local bar associations in Johnson County, Sedgwick County, and Wyandotte County also have referral lists. Online legal directories like Avvo and Martindale-Hubbell provide reviews and ratings that can help you evaluate potential attorneys, but nothing replaces an initial consultation to see if their approach and personality feel like a fit. Also, ask friends and family for family lawyer referrals in your area. Just make sure you check their reviews and ask any potential attorney if they have experience drafting prenuptial agreements.
Final thoughts on whether you need a lawyer for a Kansas prenup
A lawyer isn’t technically required to make a prenup valid in Kansas, but having one is one of the smartest steps you can take. Independent counsel ensures that both parties understand the agreement, protects against future challenges, and gives the prenup credibility in court. While it may feel like just another wedding expense, it’s an investment in your financial security and peace of mind. After all, marriage is about love and partnership, but a little planning can make that partnership even stronger. Once you and your fiancé have figured out the terms of your agreement, you can get back to the fun parts of wedding planning!
Shea Stevens is a dedicated family law attorney based in Overland Park, Kansas, focusing exclusively on family law matters such as divorce, legal separation, paternity, child custody, and support. She earned her Bachelor of Science in Psychology from Kansas State University and her Juris Doctor from the University of Tulsa College of Law. Licensed to practice in Kansas since 2004 and Missouri since 2005, Ms. Stevens is actively involved in the local legal community, holding memberships in numerous local organizations. Her professional accolades include being recognized as a Super Lawyer by Super Lawyers for the past 10 years, Top 100 attorney in Kansas and Missouri, Top 50 Women in the Law in Kansas and Missouri as well as being named among the “Best of the Bar” by the Kansas City Business Journal and Best of Johnson County 2024 by the Johnson County Post.
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