How is a prenuptial agreement enforced?

In Kansas, a prenuptial agreement is legally enforceable. This is an agreement between two persons who plan to marry in which they can arrange for the division of their property and spousal support in the event of a divorce. To be valid and enforceable in Kansas, a prenuptial agreement must be in writing, signed by both parties, and notarized. In addition, both parties must have the opportunity to consult with their own separate attorneys prior to signing the agreement. If the agreement is found to be valid, a court will enforce the prenuptial agreement, and the parties’ rights regarding the property and spousal support will be determined according to the terms of the agreement. The agreement can be modified or revoked if both parties mutually agree, or if the court finds that the agreement would cause extreme financial hardship for one or both of the parties. When considering whether to enforce a prenuptial agreement, a court will also look at whether the agreement was entered into willfully and voluntarily, and if each party received or was offered full disclosure of the other’s assets and liabilities prior to signing the agreement. If the agreement was not entered into voluntarily, or if it was not properly disclosed, it will likely be invalidated by a court.

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