When it comes to marital agreements, having an attorney by your side throughout the process is important. An attorney can draft the legal documents following state and federal laws so that if needed, they will hold up in court in the future.

What are pre-nuptial agreements?

Prenuptial agreements, also known as premarital agreements, are a common step taken before a marriage. A prenup helps to establish the property and financial rights of each spouse if they divorce. These legal documents are used to remove the risk of marital property disputes during divorce.

Prenups can protect assets and future income. Ultimately, a prenup can not only dictate what happens if the two parties divorce, but also what happens when they die. A prenup can act as a contract to make a will or to eliminate all rights to property. For a prenuptial agreement to be legal it must:

  • Be agreed upon in writing
  • Must be executed voluntarily by both parties
  • Executed by both parties before a notary public

A prenuptial agreement is only valid if it is made before marriage. After a couple is married, they may draft a postnuptial agreement.

What are post-nuptial agreements?

A postnuptial agreement is a written agreement, executed after a couple is married or have entered into a civil union, to settle their assets in the event of either a separation or divorce. Much like a prenuptial agreement, it must be in writing, be executed voluntarily, and be signed by both parties in front of a notary public. These agreements are meant to avoid the time and cost of divorce proceedings. Most agreements cover alimony and the division of property. In some circumstances it may be appropriate to address child custody and child support within the agreement.

Hire a Family Law Attorney Today!

With the help of a Family Law attorney in Kansas, you can ensure that your prenuptial agreement or post nuptial agreement is legal. They can advise you on the legal requirements of these documents and help you to draft them properly. To learn more, call our legal office at 913-962-8700.