Are postnuptial agreements enforceable?

On behalf of Stange Law Firm, PC posted in divorce on Friday, December 7, 2018.

In the lead up to your marriage in Wichita, you probably heard from at least one person that a prenuptial agreement was something to at least consider. Your reluctance to create one may be understandable; many fear that requesting one from a fiancee may not be well-received. Yet now that you may be contemplating a divorce, the wisdom in having such an agreement to protect any personal assets you may have brought into the marriage is becoming more clear. Luckily, a postnuptial agreement can typically provide the same protections as its counterpart.

Some may look at postnuptial agreements with a certain bit of skepticism, believing that if you ask for one then you must be preparing to ask for a divorce as well. Yet it should be remembered that a postnup functions in the same way as a prenup; all it does is specify which property remains personal rather than becoming a marital asset.

As postnuptial agreements are a relatively new phenomenon, many do not even know if they are enforceable. Some states have yet to even establish a legal standard to evaluate them against. Fortunately, Kansas has a law in place that the state’s Supreme Court views as applying to postnuptial agreements. Section 60-1610(b)(3) states that if you and your ex-spouse can come to a separation agreement on your own that the court finds to be “valid, just and equitable,” it shall be validated as part of your divorce decree. The Court has issued the opinion on numerous occasions that it views postnuptial agreements as falling under the umbrella of these separation agreement. Thus, the state views them as being fully enforceable. 

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