Kansas Postnuptial Agreement

Create a high quality document online now!

Updated June 27, 2022

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.

Signing Requirements (Davis v. Miller (2000) – Both parties must sign the agreement.

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. K.S.A. 2013 Supp. 23–2712(a).

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. K.S.A. 2013 Supp. 23–2712(b).

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. Traster v. Traster (2014).