Walking down the aisle in Kansas? Congrats! Before you make it official, make sure to consider getting a prenuptial agreement. You may be wondering where to start. Don’t worry—we’ve got you covered on the top five things to know about prenups in Kansas. From the legal requirements to what happens without a prenup in Kansas to the relationship benefits of a prenup. Taking this step can provide valuable peace of mind as you take the plunge into your new life as a married couple. Let’s dive in!
1. The laws governing Kansas prenups
Prenuptial agreements in Kansas are governed by Kansas’ version of the Uniform Premarital Agreement Act (UPAA) in Kan. Stat. §§ 23-2401 to
23-2411. These laws say what is required to create and enforce a prenuptial agreement in the state of Kansas. Here are the full requirements:
- The agreement must be in writing and signed by both parties
- Both parties must provide full financial disclosure of income, assets, debts, and future inheritances
- The agreement must be entered into voluntarily, without coercion or duress
- The agreement must not be unconscionable (meaning overly unfair or one-sided)
- The terms within the agreement must not be against the law or public policy
As you can see, these laws are in place to keep the creation and enforcement of prenuptial agreements fair and reasonable while still allowing couples to contract freely.
2. Kansas follows equitable distribution principles
Let’s talk about what happens in Kansas when you don’t have a prenuptial agreement. In Kansas, property is divided according to equitable distribution principles, which means that things are split based on what is fair and equitable, and not necessarily equally. In addition, all assets are on the table to be divided in Kansas—this means that even assets owned prior to marriage may be divided in the divorce. (Kan. Stat. Ann. §§ 23-2801, 23-2802). This approach (equitable distribution) gives courts the flexibility to consider various factors, such as the length of the marriage, the contributions of each spouse, and their economic circumstances, when determining a fair division of property.
With a prenuptial agreement in Kansas, you are able to override these laws and make your own rules. This means you can divide up property however you and your future spouse deem fair and in a divorce, the rules for property division will be those laid out in your agreement.
3. Financial disclosure is crucial to a Kansas prenuptial agreement
One key element of a prenuptial agreement in Kansas is the financial disclosure aspect. This requirement mandates both parties to share the full value of their assets, income, debt, and future inheritances with one another. This is most commonly done by each person writing down all of their assets, debts, income, and future inheritances, along with their values or balances, on a financial schedule and attach it to the prenuptial agreement.
Without proper financial disclosure, a prenup in Kansas may be set aside by a Kansas judge. Omitting information, whether on purpose or not, could lead to a court declaring the agreement lacks proper financial disclosure, and thus, should not be enforced. The result? Your divorce will have to go through default Kansas laws, such as equitable distribution, which may not be to your liking.
4. Spousal support waivers that leave spouses needing public assistance are likely not enforceable
Kansas will not enforce a spousal support waiver that would leave one party requiring public assistance. This means if you include a spousal support waiver in your agreement that, if enforced, would possibly require one person to seek government financial help, there is a high likelihood it won’t be enforced in Kansas. For instance, let’s say after a long marriage, one spouse stayed home to raise children and has limited job skills, yet the prenup waived spousal support. In addition, the same spouse would require public funds to be able to survive post-divorce. Most Kansas judges would find that waiver unenforceable, which means the other spouse would be required to pay spousal support.
5. Prenups can promote a closer relationship
Did you know prenups do more than just protect individual financial interests? Yes, they also help promote a closer relationship with your soon-to-be spouse. In fact, 83% of HelloPrenup clients agree that they felt closer together than ever before post-prenup process.
Why is this? Well, this phenomenon is likely due to the fact that the prenup process requires couples to align on hard-hitting topics like joint finances, retirement, family planning, death, and divorce. The prenup process requires both people agree on things like joint bank accounts, spending during marriage, property ownership, inheritance after one spouse dies, etc.. This ultimately allows both parties to feel like they understand one another better.
The bottom line is that getting a prenup in a collaborative way allows couples to walk into marriage aligned and with a mutual understanding, which ultimately results in less misunderstandings and conflict in the future.
The bottom line on Kansas prenups
There you have it—the top five things to know about getting a prenuptial agreement in Kansas. Make sure you follow the laws laid out in the Kansas Uniform Premarital Agreement Act, including providing adequate financial disclosure. In addition, it’s important to understand what happens in Kansas without a prenup (your property is divided according to equitable distribution principles). And finally, getting a prenup does more than just create financial security. It also fosters marital harmony by bringing you and your partner closer together by aligning on the hard topics of life. Time to get started on your prenup journey! Happy 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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