Guidance on Prenuptial and Postnuptial Agreements in Overland Park, Kansas
Marriage is more than a personal commitment—it is also a legal and financial partnership. For individuals in Overland Park, Kansas, prenuptial and postnuptial agreements offer a way to define financial expectations and responsibilities before disagreements arise or circumstances change. These agreements allow couples to address important issues deliberately, rather than relying entirely on Kansas law to resolve them later.
At Stange Law Firm, PC, we assist clients throughout Overland Park and Johnson County with the preparation, review, negotiation, and enforcement of prenuptial and postnuptial agreements. Our goal is to help clients create clear, enforceable agreements that reflect their actual financial circumstances.
Why Couples Consider Prenuptial Agreements
A prenuptial agreement is a written contract entered into before marriage that outlines how property and financial matters will be handled if the marriage ends through divorce or death. Many couples view these agreements as planning tools that provide predictability and reduce future conflict.
Prenuptial agreements are often considered when one or both parties:
Own property or other significant assets prior to marriage
Carry personal or business-related debt
Have business interests, professional practices, or investments
Expect inheritances or family gifts
Are entering a second or later marriage
Some prenuptial agreements are brief and narrowly focused. Others are more detailed due to the complexity of the parties’ finances. Regardless of length, the agreement should be tailored to the individuals involved—not copied from a generic form.
Kansas Legal Considerations for Enforceability
Kansas courts may closely examine prenuptial agreements if their validity is later challenged. Factors that often influence enforceability include whether:
The agreement was in writing and signed by both parties
Assets, income, and liabilities were fully disclosed
Any existing court-ordered maintenance obligations were identified
Both parties had adequate time to review the agreement before marriage
The agreement was entered into voluntarily and without coercion
Each party had the opportunity to seek independent legal counsel
Agreements that lack transparency or were rushed before the wedding may be more vulnerable to challenge.
Postnuptial Agreements During Marriage
Postnuptial agreements are entered into after a marriage has already begun. Like prenuptial agreements, they address how property and financial responsibilities will be handled if the marriage ends.
Postnuptial agreements are often used when circumstances change during the marriage—such as a significant increase in income, acquisition of property, or a desire to clarify financial expectations that were never formally addressed. Because spouses owe legal duties to one another, courts often review these agreements carefully.
Clear drafting, full disclosure, and voluntary participation are essential components of an enforceable postnuptial agreement.
Disputes Involving Marital Agreements
Disagreements involving prenuptial or postnuptial agreements most commonly arise during divorce proceedings. When enforcement is contested, courts may review how the agreement was prepared, whether both parties understood its terms, and whether enforcement remains fair under current circumstances.
A frequent issue involves legal representation at the time of signing. If one party did not have independent counsel, that fact may later be raised as a basis to challenge enforceability. Separate representation for each spouse can help reduce this risk.
When litigation becomes necessary, we work with clients to develop strategies that balance legal options with practical concerns such as cost, timing, and long-term impact.
Johnson County Court Resources for Overland Park Residents
Marital agreement matters for Overland Park residents are generally handled through the Johnson County court system. The following resources may be helpful:
Speak With an Overland Park, Kansas Attorney About Marital Agreements
While prenuptial and postnuptial agreements can be uncomfortable topics, many individuals see them as practical planning tools that promote transparency and reduce uncertainty. Addressing financial matters early can help avoid disputes later.
To schedule a confidential consultation with a prenuptial or postnuptial agreement attorney in Overland Park, Kansas, contact Stange Law Firm, PC online or by phone at 913-221-0332.
Overland Park Office Location:
7300 West 110th Street, Suite 560
Overland Park, Kansas 66210
