PREMARITAL AGREEMENT

(STATE OF KANSAS)

[// GUIDANCE: This template is drafted to comply with the Kansas Uniform Premarital Agreement Act (“KUPAA”), K.S.A. § 23-2401 et seq. Customize all bracketed placeholders, attach accurate financial disclosure schedules, and obtain independent legal counsel for each Party before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Financial Disclosure of [Party A]
Exhibit B – Financial Disclosure of [Party B]

I. DOCUMENT HEADER

1. Title and Parties
   1.1 “Premarital Agreement” (the “Agreement”) between:
   (a) [Full Legal Name of Party A], residing at [Address] (“Party A”); and
   (b) [Full Legal Name of Party B], residing at [Address] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).

2. Effective Date; Anticipated Marriage
   2.1 This Agreement is effective upon the solemnization of the Parties’ marriage (the “Effective Date”).
   2.2 The Parties intend to marry on or about [Wedding Date] in [County], Kansas.

3. Governing Law and Jurisdiction
   3.1 This Agreement is governed by and construed in accordance with the domestic relations laws of the State of Kansas, including K.S.A. § 23-2401 et seq.
   3.2 Subject to Section VIII (Dispute Resolution), exclusive venue lies in the District Court of [County], Kansas, Family Law Division.

4. Recitals
   4.1 The Parties desire to define their respective rights and obligations in property, income, liabilities, and support, both during marriage and upon dissolution, death, or other contingency.
   4.2 Each Party acknowledges:
   (a) Receipt of a fair and reasonable disclosure of the other’s property and financial obligations;
   (b) Opportunity to consult independent legal counsel of their own choosing; and
   (c) Execution of this Agreement voluntarily, free of duress, fraud, or undue influence.

II. DEFINITIONS

Capitalized terms have the meanings set forth below or elsewhere in this Agreement:

“Affiliate” – with respect to a Party, any entity controlling, controlled by, or under common control with such Party.
“Community Property” – any property classified as marital under Kansas law absent this Agreement.
“Separate Property” – all property defined as such in Section III.1.
“Support Waiver” – the waiver of spousal maintenance described in Section III.5, subject to statutory limitations.
“Triggering Event” – dissolution, legal separation, annulment, or death of either Party.

[// GUIDANCE: Insert additional defined terms as needed for complex estates, trusts, or business interests.]

III. OPERATIVE PROVISIONS

1. Classification of Property
   1.1 Separate Property. The following constitutes each Party’s Separate Property, free from any claim by the other, notwithstanding any increase in value, commingling, or contribution after marriage:
   (a) Property owned by a Party as listed on Exhibits A or B;
   (b) Gifts, inheritances, or bequests received solely by that Party;
   (c) All appreciation, rents, profits, and proceeds derived therefrom;
   (d) Property acquired in exchange for Separate Property.

1.2 Community Property. Property not classified as Separate Property shall be Community Property and divided in accordance with Section III.4.

2. Management and Control
   2.1 Each Party retains sole management and control of his or her Separate Property.
   2.2 Community Property shall be managed jointly, requiring written consent of both Parties for disposition of real property or interests exceeding $[THRESHOLD].

3. Income from Services
   3.1 Compensation for personal services (salary, bonuses, professional fees) earned during marriage shall be Community Property unless otherwise agreed in writing.

4. Division Upon Triggering Event
   4.1 Separate Property remains the sole property of the owning Party.
   4.2 Community Property shall be divided [equally / pursuant to attached Schedule C] unless otherwise agreed in a subsequent written instrument.
   4.3 Debts shall be allocated in proportion to the asset division unless otherwise provided by court order.

5. Spousal Maintenance (Alimony)
   5.1 Support Waiver. Each Party waives spousal maintenance to the fullest extent permissible under K.S.A. § 23-2711, except:
   (a) If enforcement would render a Party eligible for public assistance, the court may order the other Party to provide sufficient support to avoid such eligibility.
   5.2 No Limitation on Child Support. Nothing herein restricts the court’s authority regarding child support, custody, or parenting time.

6. Estate Planning; Elective Share Waiver
   6.1 Each Party waives any statutory elective share, forced share, or similar interest in the other’s estate, except as may be expressly provided in a testamentary instrument executed after the Effective Date.

7. Insurance Beneficiary Designations
   7.1 Each Party may name any beneficiary(ies) on life or disability policies; provided, however, that any such designation in favor of the other Party may be revoked at any time unless expressly made irrevocable.

IV. REPRESENTATIONS & WARRANTIES

1. Authority and Capacity
   1.1 Each Party is of legal age, sound mind, and under no impediment to contract.
2. Full Financial Disclosure
   2.1 Each Party represents that Exhibits A and B are complete, accurate, and materially correct as of the date of signing.
3. No Undue Influence
   3.1 Execution is voluntary; each Party has had adequate time and opportunity to seek independent legal and financial advice.

Survival. The representations and warranties survive the Effective Date and any Triggering Event.

V. COVENANTS & RESTRICTIONS

1. Ongoing Disclosure
   1.1 Each Party covenants to disclose material changes (±10% net worth) to the other within 30 days of such change.
2. Further Assurances
   2.1 The Parties shall execute further documents reasonably necessary to carry out this Agreement.
3. Confidentiality
   3.1 Except as required by law or court order, neither Party shall disclose the terms of this Agreement or exhibits to third parties without prior written consent.

VI. DEFAULT & REMEDIES

1. Events of Default
   1.1 Material breach of Sections III, IV, or V constitutes a Default.

2. Notice and Cure
   2.1 The non-defaulting Party shall provide written notice specifying the breach.
   2.2 The defaulting Party has 30 days to cure before remedies arise.

3. Remedies
   3.1 Specific Performance. Because money damages may be inadequate, the Parties agree that courts may order specific performance and injunctive relief.
   3.2 Attorney Fees. The prevailing Party in any enforcement action is entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

1. Mutual Indemnification
   1.1 Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other (“Indemnified Party”) from any losses arising from:
   (a) Misrepresentation or omission in Exhibits A or B;
   (b) Undisclosed debts incurred before marriage;
   (c) Breach of this Agreement.

2. Limitation of Liability
   2.1 Aggregate liability of either Party to the other for indemnifiable losses is capped at the greater of:
   (a) $[CAP AMOUNT]; or
   (b) The net value of that Party’s Separate Property as of the Triggering Event.

3. Force Majeure
   3.1 Neither Party shall be liable for failure to perform obligations (other than payment obligations) when such failure is due to causes beyond reasonable control, including acts of God, war, civil disturbance, or governmental action.

VIII. DISPUTE RESOLUTION

1. Good-Faith Negotiation
   1.1 The Parties shall first attempt to resolve any dispute through informal negotiations lasting at least 15 days.

2. Limited Arbitration
   2.1 Property Valuation or Classification Disputes. Upon written election by either Party, disputes solely concerning valuation or classification of assets shall be submitted to binding arbitration under the Kansas Arbitration Act, limited to those issues.
   2.2 Seat and Rules. Arbitration shall occur in [City], Kansas before a single arbitrator mutually selected or, failing agreement, appointed by the American Arbitration Association under its Family Law Arbitration Rules.
   2.3 Exclusions. Issues of child support, custody, or matters reserved to the court by statute are non-arbitrable.

3. Court Proceedings
   3.1 For all non-arbitrable matters, the District Court of [County], Kansas, Family Law Division, retains exclusive jurisdiction.
   3.2 Jury Trial Waiver. Consistent with Kansas family court practice, the Parties waive any right to a jury trial.
   3.3 Provisional Relief. Either Party may seek temporary or preliminary injunctive relief, including specific performance, from the court notwithstanding any pending arbitration.

IX. GENERAL PROVISIONS

1. Amendments & Waivers
   1.1 No amendment or waiver is effective unless in a writing signed by both Parties and acknowledged with the same formality as this Agreement.

2. Assignment
   2.1 Personal in Nature. Rights and obligations hereunder are personal and may not be assigned, except by will, trust, or intestate succession consistent with Section III.

3. Successors & Assigns
   3.1 This Agreement binds and benefits the Parties and their respective heirs, estates, personal representatives, and permitted assigns.

4. Severability
   4.1 If any provision is declared invalid, the remainder shall be interpreted to fulfill the Parties’ intent, and a court may reform the invalid provision to the extent necessary for enforceability.

5. Integration
   5.1 This Agreement, including exhibits, constitutes the entire understanding, superseding all prior agreements related to the subject matter.

6. Counterparts & Electronic Signatures
   6.1 This Agreement may be executed in counterparts, each constituting an original.
   6.2 Signatures delivered by facsimile, PDF, or digital signature platform (e.g., DocuSign) are deemed originals.

X. EXECUTION BLOCK

Executed as a sealed instrument on the dates set forth below, to be effective on the Effective Date.

Notary Acknowledgment – Party A
State of Kansas )
County of ______ ) SS:

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared [Party A], known to me (or proven) to be the person whose name is subscribed to this instrument and acknowledged that he/she executed the same for the purposes therein contained.
Notary Public: ____ My Commission Expires: ____

Notary Acknowledgment – Party B
State of Kansas )
County of ______ ) SS:

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared [Party B], known to me (or proven) to be the person whose name is subscribed to this instrument and acknowledged that he/she executed the same for the purposes therein contained.
Notary Public: ____ My Commission Expires: ____

Exhibit A

Comprehensive Financial Disclosure of Party A
[Attach balance sheet including real estate, securities, business interests, contingent liabilities, and income statements.]

Exhibit B

Comprehensive Financial Disclosure of Party B
[Same detail level as Exhibit A.]

[// GUIDANCE: Attach any supplementary schedules (e.g., Schedule C – Agreed Community Property Division) if the Parties pre-allocate marital property. Ensure each exhibit is initialed by both Parties on every page to strengthen evidentiary reliability.]

[// GUIDANCE: Kansas law requires that a premarital agreement be in writing and signed by both Parties (K.S.A. § 23-2403). For enforceability, counsel for each Party should confirm (i) adequate financial disclosure, (ii) voluntariness, and (iii) absence of unconscionability at execution and enforcement. Consider independent counsel certificates as an additional exhibit.]