Phone: 913-257-3110
A prenuptial or postnuptial agreement is not about expecting a marriage to fail. It is about two people deciding for themselves, calmly and in advance, how they would handle finances if the marriage ever ended, instead of leaving it to a court. Sarah Carmody drafts and reviews these agreements for clients in Overland Park and throughout Johnson County, with an eye toward making them clear and enforceable.
A well-drafted Kansas prenup can:
For people entering a second marriage, or anyone bringing significant assets, a business, or children into a marriage, a prenup can prevent exactly the kind of fight that makes divorces expensive.
There are real limits. A Kansas prenup cannot decide child custody or child support. Those belong to the child, not the parents, and a court decides them based on the child’s best interests at the time, no matter what an agreement says. A prenup also will not be enforced if it is grossly one-sided in a way the law considers unconscionable.
Kansas follows the Kansas Uniform Premarital Agreement Act (K.S.A. 23-2401 through 23-2411). To hold up, the agreement generally must be:
A court can refuse to enforce an agreement if the challenging spouse proves they did not sign voluntarily, or that it was unconscionable and they were not given adequate financial information. The practical lesson: start early, both sides should understand what they are signing, and each spouse is best protected when they have had the chance to review it with their own counsel.
A postnuptial agreement covers the same ground as a prenup, but it is signed after the wedding rather than before. Couples use them when circumstances change during the marriage, for example when one spouse starts a business or receives an inheritance, and they want the certainty a written agreement provides.
Yes, under the Kansas Uniform Premarital Agreement Act, as long as the agreement is in writing, signed, entered into voluntarily, and supported by fair financial disclosure.
No. Child custody and child support are decided by a court based on the child’s best interests and cannot be set by a prenuptial or postnuptial agreement.
A prenuptial agreement is signed before marriage and a postnuptial agreement is signed after. They can cover the same financial issues.
If you are considering a prenuptial or postnuptial agreement in Overland Park or anywhere in Johnson County, call or text (913) 257-3110 or contact us. The earlier you start, the stronger the agreement.
Sarah Carmody Law, LLC, can help you prepare and enforce a prenuptial and/or postnuptial agreement that is legally enforceable. By working with an attorney, you will have a comprehensive agreement that clearly sets forth what is to occur.
Sarah Carmody Law, LLC, has experience drafting these agreements under a variety of circumstances. Contact our office for advice and assistance preparing a prenuptial or postnuptial agreement.
Contact the Overland KS Divorce and Mediation Attorneys at Sarah Carmody Law, LLC at 913-257-3110 today!
The Sarah Carmody Law, LLC provide legal services for families located in these areas: Shawnee, Overland Park, Olathe, Leawood, Mission, Kansas City, Lenexa and Johnson County. Let us help you today.
