Welcome to Kansas Prenup Laws 101! Thinking about getting a prenup in Kansas? You’re in the right place! Just like you wouldn’t skip the barbecue sauce at a delicious Kansas cookout, don’t skip understanding these important laws. Plus, getting a prenup is a great way to protect yourself and also get your marriage started on the right foot. From the formality requirements to the enforcement rules, there’s a lot to learn, but don’t worry, it’s not super complicated. We’ll walk you through everything you need to know about creating a prenup in the Sunflower State. Let’s dig in!
What’s a prenup?
A prenup, also known as a “premarital agreement” in Kansas, is an agreement that you and your fiancé enter into before you say “I do.” It allows you to define how your assets, debts, financial responsibilities, and other matters will be handled during the marriage and in the event of a divorce. It spells out who gets what, who’s liable for any debts, and whether either person will get spousal support.
If you skip doing a prenup, your finances will be sorted out by Kansas’ default rules. This means assets and debts will be divided based on the law rather than what you decide. Kansas is an equitable distribution state, meaning the court divides a divorcing couple’s property in a way that is fair but not necessarily 50/50. However, what Kansas law deems fair might not seem fair to you.
Plus, decisions about spousal support (a.k.a “alimony” or “spousal maintenance” in Kansas) will be left to state guidelines, not to any terms you might have agreed on together through a prenup.
Do prenups work in Kansas?
Yes, prenuptial agreements are enforceable in Kansas. To be valid in Kansas, a prenup must comply with the Kansas Uniform Premarital Agreement Act. Here are the requirements:
- Be in writing.
- Be signed by both parties.
- Be signed voluntarily by both parties (i.e., you cannot pressure or trick your fiancé into signing).
- Comply with state laws and with public policy (e.g., it cannot include anything illegal or decide child custody or support arrangements).
- Include complete financial disclosures from both parties, including income, assets, and debts.
These laws are put in place to ensure the parties create a fair and reasonable agreement while also allowing them to contract with one another freely.
What can you cover in a Kansas prenup?
For an overview of what you can cover in your prenup, Kan. Stat. § 23-2404 outlines what you can include. Here are some things you can include:
- Each party’s rights and responsibilities for any property, no matter when or where it was or will be acquired.
- The right to buy, sell, use, transfer, or control property.
- How property will be handled if you separate, divorce, or if one of you passes away.
- Modifying or waiving spousal support.
- Making a will, trust, or other plans to carry out the prenup.
- Ownership rights and what happens to life insurance death benefits.
- Choosing which state’s law will govern the agreement (also known as a “choice of law” provision).
- Any other matter that doesn’t violate public policy or a law with a criminal penalty.
These are just a few examples of what you can put in your prenup. You can add a variety of other clauses as well, covering everything from pets to taxes, rings, and more. The options are almost limitless! Just be sure the agreement doesn’t violate public policy or any laws, and you’re set.
What not to do in a Kansas prenup
In Kansas, several factors can make a prenup invalid or unenforceable. Here are some common issues that could put your prenup at risk:
- Lack of Consent: If one person was pressured or forced to sign the prenup, the court might not enforce it.
- Improper Financial Disclosure: Both parties need to fully disclose their financial situations, including income, bank accounts, properties, and debts. In Kansas, parties are allowed to waive the right to financial disclosure (although HelloPrenup does not recommend doing so)! If someone hides financial information absent a waiver, the prenup could be thrown out. (Kan. Stat. § 23-2407).
- Unfair Terms: The prenup can’t be extremely one-sided or unfair at the time of signing. This is known as “unconscionability.” If a court finds the terms unconscionable (or too one-sided in favor of one spouse), it may not enforce the agreement. (Kan. Stat. § 23-2407).
- Illegal Terms: The prenup’s terms must be legal and comply with public policy. It can’t include terms involving illegal activities or require either party to violate the law. (Kan. Stat. § 23-2404).
- Child Custody and Support: The prenup can’t include terms about child custody or support. These decisions and arrangements are made based on the child’s best interests at the time of divorce. (Kan. Stat. § 23-2404).
The above are ways that a court could deem your Kansas prenuptial agreement invalid or refuse to enforce specific provisions within it.
Am I really required to share all of my financial details?
Yes, full financial disclosure is absolutely crucial for a valid prenup! If either party conceals or withholds financial details, the prenup might be invalidated under Kan. Stat. § 23-2407. For instance, if you list “Bank account 1234” in the agreement but don’t specify the balance, it could lead to problems down the road. Full disclosure means you need to provide a detailed and accurate account of all your financial information. This includes listing:
- Assets: Real estate, vehicles, investments, valuable collectibles, and personal property.
- Income: Salary, bonuses, rental income, and any other sources of earnings.
- Debts: Mortgages, car loans, credit card balances, and any other liabilities.
- Potential Future Inheritances: If you know that Dear Old Dad is going to pass you down a cool million bucks one day, make sure to note that in your financial disclosure.
- Values: The estimated worth of each asset and the amount of each debt.
The takeaway? Everything of value, whether it’s an inheritance, property, savings, or investments, must be included along with your debts. Full transparency is essential for your prenup to be enforceable in the future.
Can I waive alimony in a prenup?
You can, but there are some limitations. Spousal support, sometimes called “alimony” or “spousal maintenance” in Kansas, is money one spouse might be required to pay to the other during or after a divorce. The idea behind spousal maintenance is to help balance out any financial unfairness caused by the divorce by giving ongoing support to a spouse who earns less or doesn’t earn any income.
A prenup can outline terms for spousal support, including whether it will be waived or set at a specific amount. However, even if you agree to waive spousal support, Kansas courts might still review these terms to make sure they’re fair and don’t leave anyone in a tough financial spot.
If your prenup makes one spouse eligible for public assistance, the court could require the other spouse to provide financial support to prevent that, according to Kan. Stat. §23-2902.
How soon before the wedding should you get a prenup in Kansas?
In Kansas, there’s no specific deadline for signing a prenup. However, you should aim to get your prenup sorted well before the wedding. Starting early gives both of you enough time to discuss and finalize the details, and makes sure everything is in order before the big day.
In 2022, the Kansas Court of Appeals ruled on the case Matter of Marriage of O’Malley where a couple signed a prenup just three days before their wedding. The wife didn’t have a lawyer, didn’t receive full financial information from her husband, and was told by her husband that the wedding wouldn’t happen unless she signed the prenup. They had been together for almost ten years, so she signed without fully understanding it.
The court decided the prenup was invalid because the wife didn’t sign it voluntarily. The court focused on a number of factors to make this decision. For instance, the prenup was presented too close to the wedding, her husband failed to fully disclose his financial information, and she felt pressured to sign. The court also determined that the agreement was unfair because the husband didn’t disclose his debts, only his assets.
The bottom line? Give your fiancé time to think about the prenup and the chance to get an attorney if they choose to do so. Additionally, full financial disclosure is key. Most importantly, neither fiancé should be pressured to sign, especially right before the wedding.
Does a Kansas prenup have to be notarized?
No, a prenup in Kansas does not have to be notarized to be valid. However, having it notarized can add an extra layer of protection and help ensure that the document is recognized and enforceable if needed. Notarization provides extra evidence that both parties signed the agreement willingly. So, while it’s not necessary, it can be a helpful way to boost the agreement’s enforceability.
The bottom line on Kansas prenuptial agreements
That wraps up our guide to Kansas Prenup Laws 101! Whether you’re ready to dive into drafting your prenuptial agreement today or just exploring your options, knowing these essentials can help you navigate the process smoothly. From putting it in writing to avoiding unconscionable terms, all of the laws must be followed. And remember, a well-prepared prenup not only protects your assets but also sets the stage for a clear and fair financial agreement. If a prenup is something you’re considering, take the plunge and start today!
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