Free Kansas Prenuptial Agreement Template

A Kansas prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Kansas defines property broadly for these agreements, including income and earnings as well as real and personal property.

The rules come from the Kansas uniform premarital agreement act, K.S.A. 23-2401 through 23-2411, first enacted in 1988. The act now sits within the Kansas Family Law Code.

Kansas also builds a waiting period into getting married, so timing deserves as much attention as the terms.

The act covers form, content, timing, and enforcement.

Put It in Writing

K.S.A. 23-2403 carries the title “writing required,” so put your agreement on paper. Next, § 23-2404 lists what partners may contract about. Its title confirms that no term may adversely affect a child’s right to support.

The Challenge Standard

Under K.S.A. 23-2407(a), the partner fighting the agreement can win by proving involuntary signing. Otherwise, they must show unconscionability at signing. They must also show they lacked fair disclosure, a written waiver of more, and adequate knowledge of the other’s finances.

Support Waivers and Public Assistance

Section 23-2407(b) lets a court order support despite a waiver. That applies if the waiver would make a spouse eligible for public assistance at separation or divorce. Under § 23-2407(c), the court decides unconscionability as a matter of law.

Sign it before you apply for your marriage license. Under K.S.A. 23-2505(b), a clerk or judge can’t issue the license before the third calendar day after you file the application.

A district court judge may allow earlier issuance, but only on a proper showing of emergency or extraordinary circumstances. Also, the Kansas Judicial Branch’s self-help guidance says to allow at least two weeks from your application for processing.

Once issued, the license lasts six months. Under K.S.A. 23-2505(f), it expires if the marriage doesn’t take place within that time.

Processing times and procedures can change, so check with your county’s district court before you apply.

1. Start early. Build in time for disclosure, review, and the license process.
2. Open your books to each other. Or put any disclosure waiver in writing.
3. Settle support terms. Keep the public-assistance rule in mind.
4. Both partners sign. Finish this step before applying for the license.
5. Apply for the license. Then marry within six months of issuance.

A Kansas prenuptial agreement commonly covers:

• Each partner’s current property, debts, and income
• Which assets and earnings stay separate
• Your plan for dividing property at divorce or death
• Support arrangements, including any waiver
• Estate plans that carry out the agreement
• Signature and date lines for you both

Leave child support out, in line with K.S.A. 23-2404.