Download Kansas Prenuptial Agreement Form [PDF]

The Kansas prenuptial agreement is the legal document that is signed between the future spouses for the purpose of regulating their financial relationship.

Spouses don’t only use the prenuptial agreement after marriage; the agreement may also specify how each spouse will handle the property they have accumulated during the marriage.

A prenuptial or prenup agreement should be created if any of the future spouses have accumulated certain assets that they want to keep separate from the marital property. Moreover, the prenup agreement should also be created if there are certain liabilities that one or both of the spouses have acquired before the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in Kansas

Section 23-2401 to 23-2411 of the Kansas Statutes, also called the Uniform Premarital Agreement Act, is the document that regulates the status of prenuptial agreements in Kansas.

The state law refers to the prenuptial agreement as a premarital agreement, and it defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Moreover, it defines property as follows: “‘property’ means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Signing Requirements for a Prenuptial Agreement in Kansas

The Kansas state law provides three formal requirements for the Kansas prenuptial agreement:

Signing Requirements

The agreement must be made in writing
The agreement must be signed by both parties
The agreement will be enforceable without consideration

Although the state law doesn’t explicitly require it, the parties should also consider notarizing the prenuptial agreement.

The main reason for notarizing the agreement is to additionally confirm the authenticity of the document and prevent potential abuse and fraud. Considering the importance of the matters this document regulates, the security of both parties is a priority.

Prenuptial Agreement Enforcement in Kansas

The court can declare the prenuptial agreement form unenforceable if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

They didn’t sign the agreement voluntarily
The other party hasn’t fully disclosed their financial status, and the party objecting to the enforcement didn’t waive the obligation of the other party for full financial disclosure, and the party objecting couldn’t know the full financial status of the other party

Moreover, if the enforcement of the agreement causes one party to become eligible for support under a program of public assistance, the court might require the other party to provide support to the extent necessary to avoid such eligibility.

What Can a Prenuptial Agreement in Kansas Cover?

The parties are free to cover any provisions in their prenuptial agreement template as long as they are in line with state laws and public policy.

The Uniform Premarital Agreement Act lists several matters that this kind of agreement typically covers:

Provisions in a Prenuptial Agreement

Rights and responsibilities of each partner in connection with their individual or marital property
Right to buy, sell, or manage the property parties acquire during the marriage
Rules on how the property will be divided in case of marriage dissolution, separation, death, or similar events
Matters related to spousal support, life insurance, wills, trusts, and more
Determining the applicable laws for the agreement

Moreover, matters like child support can’t be regulated by the prenuptial agreement since the court has the exclusive right to decide on such matters.

Prenuptial Agreement in Kansas Validity Criteria

A prenuptial agreement is invalid if it is not made in written form or is not signed by both parties.

Moreover, the validity of the prenup agreement is connected to the existence of the marriage. This means that if the parties don’t get married after signing the agreement, the document won’t produce any legal effects.