Prenuptial Agreement - Kansas

Kansas Premarital Agreement

This Premarital Agreement is made before marriage by [PARTY A FULL LEGAL NAME] (Party A) and [PARTY B FULL LEGAL NAME] (Party B). They plan to marry on or about [__/__/____]. It becomes effective only upon their marriage.

1. Financial disclosure and voluntary agreement

Each party has received the other party's completed and signed financial schedule attached to this Agreement. Each schedule identifies significant property, estimated values, income, and debts as of [__/__/____]. The parties have had time to review the schedules, ask questions, and seek separate legal advice. Each signs voluntarily. Neither party relies on an oral promise that changes this Agreement.

Party A's counsel, if any: [NAME / NONE]. Party B's counsel, if any: [NAME / NONE].

2. Property allocated to each party

As between the parties, Party A's property listed in Schedule A and Party B's property listed in Schedule B remain allocated to the listed owner. The allocation includes identifiable replacements, proceeds, income, and increases in value derived from that property. A gift or inheritance received by only one party after marriage is allocated to that recipient, together with identifiable replacements and proceeds.

Earnings from a party's own work after marriage, and property acquired solely with those earnings, are allocated to that party unless the parties designate the property as joint under Section 3. A party claiming an allocation under this section must be able to identify the property and its source. This Agreement does not itself change record title or complete a transfer requiring another instrument.

3. Joint property

Property titled in both parties' names or identified in a later writing signed by both as joint property is joint property under this Agreement. On divorce or separate maintenance, the parties intend joint property to be divided equally in net value after associated debt is accounted for, unless a later signed writing specifies a different allocation. Each party's separately allocated property under Section 2 is intended to remain with that party, subject to a court's determination of this Agreement's enforceability. Kansas law generally makes all spouse-owned property marital property when a divorce, separate maintenance, or annulment action resulting in a final decree begins; these provisions state the parties' intended contractual allocation.

Property acquired with both joint and separately allocated funds should be identified in a signed written record stating each party's intended share. If the parties cannot trace an asserted separate contribution, they will treat the property as joint for purposes of this Agreement.

4. Debts

As between the parties, each remains responsible for debts listed on that party's financial schedule and debts later incurred solely in that party's name for that party's own benefit. They share equally debts they both sign for or later designate as joint in a signed writing, unless that writing provides another allocation. This allocation does not alter a creditor's rights against either party.

5. Spousal support — select one

☐ Reserved. This Agreement does not waive or set spousal support. The court may decide support under applicable law. If neither box or both boxes are checked, this option applies.

☐ Waived. Each party waives spousal support in the event of separation or marital dissolution, subject to the court's authority under K.S.A. 23-2407(b) to require support needed to avoid eligibility for a public assistance program when the waiver causes that eligibility at separation or marital dissolution.

The parties' selection does not affect a child's right to support.

6. Matters outside this Agreement

This Agreement does not decide child support, parenting arrangements, or a child's rights. Neither party waives rights arising at the other's death under this Agreement; any intended estate, beneficiary, or insurance change must be made and reviewed separately. This Agreement makes no present transfer of real estate, retirement benefits, or insurance proceeds.

7. Amendment, law, and enforcement

After marriage, the parties may amend or revoke this Agreement only in a writing signed by both. Kansas law governs its construction. A court with jurisdiction determines any dispute about its validity or enforcement, including whether execution was voluntary and whether the disclosure and unconscionability requirements of K.S.A. 23-2407 are met. The parties do not agree here to arbitration, a particular court venue, automatic attorney fees, or a fixed remedy.

If a provision is unenforceable, the parties ask that the remaining provisions be enforced to the extent permitted by law. The attached schedules and any later signed joint-property designation are part of this Agreement. Each party receives a signed copy.

8. Signatures

The parties sign this written agreement before marriage, with Schedules A and B attached.

Schedule A — Party A financial disclosure

Values and balances are estimates as of [__/__/____]. Attach additional signed pages if needed.

Party A confirms this schedule is fair and reasonable to the best of Party A's knowledge. Signature: ______________________________ Date: [__/__/____]

Schedule B — Party B financial disclosure

Values and balances are estimates as of [__/__/____]. Attach additional signed pages if needed.

Party B confirms this schedule is fair and reasonable to the best of Party B's knowledge. Signature: ______________________________ Date: [__/__/____]

Sources and References

• Kansas Uniform Premarital Agreement Act, K.S.A. 23-2401 through 23-2409
• Kansas marital-property rule, K.S.A. 23-2801