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Kansas Prenuptial Agreement

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A Kansas prenuptial agreement is a contract between prospective spouses deciding their rights to each other's property and combined property before marriage. The couple can choose how they will share their assets, debts, and other financial matters if their marriage ends using the Kansas prenuptial agreement. A prenuptial agreement must be signed before getting married, but it doesn't take effect until then.

Who Should Get the Kansas Prenuptial Agreement?

Premarital agreements are no longer reserved for the wealthy; many types of couples see benefits in entering one. A Kansas prenuptial agreement may be desired by those who intend to wed with large assets, such as a profitable business, retirement funds, or other property. Other couples may want to consider how the non-working spouse will be supported financially in the case of a divorce if they plan to have one spouse work while the other spouse raises children.

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What Issues Can the Kansas Prenuptial Agreement Cover?

  • What happens to all property upon separation, divorce, death of a spouse, or any other event the couple decides
  • Each spouse's rights and obligations regarding joint and separate property
  • Each spouse's ability to buy, sell, use, transfer, or otherwise control property
  • Whether a spouse needs to make a will, trust, or another arrangement to carry out the terms of the agreement

Conclusion

Forming a prenuptial agreement before getting married in Kansas will require you and your partner to consider significant legal factors. In particular, about state-specific marriage regulations that may impact this should the marriage terminate, the foundation of a well-established prenuptial agreement should address issues that would only emerge in the case of a formal separation or divorce.

You can visit ContractsCounsel to seek further legal assistance in drafting your prenuptial agreement.

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Mark P. on ContractsCounsel
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5.0 (8)
Member Since:
July 21, 2023

Mark P.

Owner
Free Consultation
Kansas City, MO
9 Yrs Experience
Licensed in KS, MO, NE, TX
University of Missouri - Kansas City

www.parachinilaw.com I represent a diverse mix in a vast array of specialties, including litigation, contracts, compliance, business and financial strategies, and emerging industries. Credit for this foundation of strength goes to those who taught me. Skilled professors and professionals fostered my powerful educational and professional background. Prior to law school, I earned dual Bachelor’s degrees in Business Administration & Accounting from Peru State College. I received a Master of Business Administration degree from Chadron State College. My ambitions did not stop there. While working full time as a Senior Accountant for the University of Missouri, Columbia, I achieved the lifelong goal of becoming a licensed Certified Public Accountant (CPA). Mizzo provided excellent opportunities and amazing experiences. Managing over $50M in government and private research funding was a gift. As a high ranking professional in the Department of Research, I was given priceless insight into the greatest scientific, journalistic, medical, and legal minds in the world. My passion for successful growth did not, and has not stopped. I graduated summa cum laude (top 3%) with a Doctorate in Law, emphasizing in urban, land use and environmental/toxic tort law from the University of Missouri, Kansas City. This success lead to invaluable experiences of serving as Hon. Brian C. Wimes' judicial clerk for the U.S. District Court for the W. D. of Missouri, as a staff editor/writer for UMKC Law Review, and as a litigation and transactional attorney with Lathrop GPM (fka Lathrop & Gage). My professional and personal network is expansive, with established relationships throughout the U.S. and overseas. Although I engage in legal practice all over the country, I maintain law licenses in Missouri, Kansas, and Nebraska. Federally, I hold licenses in the W.D. and E.D. of Missouri and the District of Nebraska. To offer extra value, efficiency, and options, I maintain a CPA license and am obtaining a real-estate brokerage license.

Braden P. on ContractsCounsel
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Member Since:
August 18, 2020

Braden P.

Partner
Free Consultation
Kansas City, MO
22 Yrs Experience
Licensed in KS, MO
University of Kansas School of Law

Braden Perry is a corporate governance, regulatory and government investigations attorney with Kennyhertz Perry, LLC. Mr. Perry has the unique tripartite experience of a white-collar criminal defense and government compliance, investigations, and litigation attorney at a national law firm; a senior enforcement attorney at a federal regulatory agency; and the Chief Compliance Officer/Chief Regulatory Attorney of a global financial institution. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving technological issues. He couples his technical knowledge and experience defending clients in front of federal agencies with a broad-based understanding of compliance from an institutional and regulatory perspective.

John C. on ContractsCounsel
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Member Since:
August 16, 2022

John C.

Attorney
Free Consultation
Leawood, Kansas
43 Yrs Experience
Licensed in KS, MO
U.M.K.C Law School

Licensed to practice law in the states of Missouri and Kansas. Have been licensed to practice law for 44 years. Have been AV rated by Martindale Hubbel for almost 30 years.

Scott M. on ContractsCounsel
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Member Since:
August 2, 2023

Scott M.

Managing Attorney
Free Consultation
Kansas City
11 Yrs Experience
Licensed in KS, MO
Washington University in St. Louis

Skilled/versatile attorney (and RE broker) with 10+ years' experience and diverse background in real estate, business law, injury litigation, estate planning. Select Experience: • Former General Counsel (and current Of Counsel) for a prominent real estate developer touching on all aspects of business in a hands-on and advisory role, including Lease and PSA contract negotiations; • Years of successful injury litigation practice as associate and solo (primarily plaintiff, some defense) with multiple six-figure settlements; • Years of expertise in business law for a variety of industries as well as estate planning for small to mid-size entities.

Kennedy W. on ContractsCounsel
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Member Since:
July 11, 2023

Kennedy W.

Attorney
Free Consultation
Holton, KS
5 Yrs Experience
Licensed in KS
Washburn University School of Law

Graduated from Washburn University School of Law with certificates in Tax Law and Business Transactions. Served as a specialized tax advisor and business consultant to clients across the nation over the last 8 years. I have practiced law since 2019, specializing in entity formations, contract drafting, contract review, contract disputes, business transactions, demand letters, legal research, and general business consulting.

Michael S. on ContractsCounsel
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Member Since:
July 26, 2023

Michael S.

Attorney
Free Consultation
Kansas City Metro Area
2 Yrs Experience
Licensed in KS, MO
University of Kansas

Born and raised in St. Louis, MO. Bachelors Degree from the University of Iowa. Masters Degree from the University of Melbourne. J.D. from the University of Kansas. Licensed to practice law in Missouri and Kansas. Tennessee currently pending.

Matthew F. on ContractsCounsel
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Member Since:
October 30, 2023

Matthew F.

Attorney
Free Consultation
Lawrence, KS
5 Yrs Experience
Licensed in KS
University of Kansas

Matthew grew up in Leawood, Kansas. He graduated from the University of Kansas with a Bachelor of Arts degree in Political Science and Communications in 2016 and from the University of Kansas School of Law in 2019 where he received a Business and Commercial Law Certificate. During his time as an undergraduate, he worked at a consulting firm focused on political campaigns and corporate public relations. In May of 2020, he will receive an MBA with a focus on finance from the University of Kansas Business School. Matthew is interested in several practice areas including business and commercial law, arbitration, and civil litigation. In his free time, Matthew enjoys playing basketball, using his virtual reality headset and listening to audiobooks.

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Family

Prenuptial Agreement

California

Asked on Oct 6, 2022

Are prenuptial agreements public record?

My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?

Michael M.

Answered Oct 7, 2022

Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.

Read 1 attorney answer>

Family

Prenuptial Agreement

New York

Asked on Mar 29, 2022

Prenup

Hey i'm getting married next month in NY How much will it cost?

Jane C.

Answered May 10, 2022

I suggest you submit a proposal for lawyers to bid on.

Read 1 attorney answer>

Estate Planning

Prenuptial Agreement

Massachusetts

Asked on Apr 21, 2023

How does a prenuptial agreement affect estate planning?

I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.

Briana C.

Answered May 23, 2023

A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.

Read 1 attorney answer>

Family

Prenuptial Agreement

Massachusetts

Asked on Mar 21, 2023

How does a prenuptial agreement affect taxes?

As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.

Briana C.

Answered Apr 25, 2023

A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.

Read 1 attorney answer>

Family

Prenuptial Agreement

Texas

Asked on Apr 15, 2023

Can a prenuptial agreement be challenged in court?

I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.

Nicole P.

Answered May 12, 2023

Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.

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ContractsCounsel User

Recent Project:
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