Updated March 27, 2024
A Kansas postnuptial agreement is a contract between spouses that establishes how to distribute their assets in case of divorce or death. While a prenuptial agreement or “prenup” is signed before a couple gets married, a postnuptial agreement is signed after they have married. Both types of documents can hedge against the uncertainty resulting from the division of assets in a potential divorce proceeding.
Laws
Content: A separation agreement may include provisions relating to a parenting plan. Conditions relating to the legal custody, residency, visitation, parenting time, support, or education of minor children remain subject to the court’s control.[2]
Jurisdiction: Matters settled in a valid separation agreement, other than those about the legal custody, residency, visitation, parenting time, support, or education of the minor children, shall not be subject to subsequent modification by a court except: (1) As prescribed by the agreement; or (2) as agreed to by the parties.[3]
Intent to Divorce: The rules for separation agreements apply to all contracts between spouses entered into during marriage regardless of whether the parties intend to remain married at the time of execution.[4]