Prenuptial Agreement Attorneys in Manhattan, Kansas
Falling in love, getting engaged, and marrying your sweetheart is a beautiful experience. However, it requires extra effort to stay in love. The hard truth is that – not every relationship lasts forever. For this reason, you can protect your best interests and prepare for future uncertainties by drafting a prenuptial agreement. If you are considering a premarital agreement with your engaged partner, you need to speak with our experienced Kansas family law attorneys for proper guidance.
At Oleen Law Firm, we have knowledgeable legal counsel and reliable advocacy to help clients in family law and marital agreement matters. Our dedicated team can help guide you through the process involved in drafting a prenuptial agreement and determine the best way to protect your assets, property, and finances.
Oleen Law Firm proudly serves clients across Manhattan, Kansas, and surrounding areas of Junction City.
Prenuptial Agreements in Kansas
A prenuptial agreement is a marital agreement entered into by two engaged people before getting married. However, prenuptial agreements are not only limited to rich spouses. By drawing up a prenup, couples can define expectations, protect assets, property, and minor children, achieve financial security, and help both parties achieve clarity and peace of mind.
What Can Prenuptial Agreements Do?
A premarital agreement can help you and your spouse achieve the following:
Clarify the roles, responsibilities, and expectations of each spouse.
Determine property distribution in the event of a divorce.
Define how you and your spouse will manage finances, household bills, and living expenses.
Make adequate provisions for minors from prior relationships or marriage.
Protect your estate plans.
Make sure that family businesses or assets stay within the family.
Protect either spouse against potential debts or liabilities incurred by the other party.
What Don't Prenuptial Agreements Cover?
However, a prenuptial agreement doesn't cover the following:
Either spouse's premarital debts
Child custody or visitation matters
Details about personal matters
Giving up alimony rights
Provisions about anything unlawful or against public policy
Our experienced attorneys can evaluate your unique needs and help you understand how a prenup can help you or modify one if required.
Can a Prenuptial Agreement Be Modified?
Yes, a premarital agreement can be modified. To "re-up the prenup," attorneys are required to draw up an addendum to the original (or existing) prenuptial agreement. The new agreement must be properly documented, signed, and witnessed. The modifications will be added to the original agreement and reflect the new terms, provisions, or changes.
Who Should Get a Prenuptial Agreement?
A divorce – or the death of a spouse – is usually accompanied by heightened emotions and other financial implications. Fortunately, a prenup can help engaged couples define expectations, simplify the asset distribution process and settle other financial matters.
However, premarital agreements are not only for the wealthy or for someone who thinks about divorce. Whether you have a business, large, or small assets, you and your partner can benefit from getting a prenup.
Why Premarital Agreements are Important
Premarital agreements are crucial due to the following reasons:
Help state expectations and establish clear boundaries. Thus, making your life easier in the long run.
Help foster healthy communications with your partner regarding your finances
Allow both parties to have an open, honest conversation about what is important to either party.
Protection against life's uncertainties, and should something change down the road
Help make provision for minor children from previous relationships or marriage.
Determine how you and your spouse may spend your money or income after marrying.
Keep certain assets, heirlooms, and other belongings within the family.
Our knowledgeable family law attorneys can help draft the premarital agreement to fit your unique needs and ensure that the prenup is valid, legally binding, and enforceable.
Making Sure it's Enforceable
For a premarital agreement to be valid, legally binding, and enforceable in Kansas, it must meet the following statutory requirements:
It must be in writing.
It must include full disclosure of both spouses' assets.
The terms and provisions of the prenuptial agreement must be fair and just to both spouses.
It mustn't be one-sided.
It must be drafted and executed before marriage.
There should be no evidence of coercion or deceit into signing the premarital agreement.
Additionally, the prenup must be signed voluntarily with the presence of each spouse's lawyer. Hence, if you want a legally-binding prenuptial agreement, it's advisable to hire two independent lawyers to help you and your spouse draft the necessary documentation.
How Legal Counsel Can Help
Drafting a prenuptial agreement can give you and your engaged partner security and peace of mind about your forthcoming marriage. However, for the premarital agreement to be valid, there are specific statutory requirements that must be satisfied. Our experienced family law attorneys can help guide you through drafting your prenup and help you make intelligent decisions.
At Oleen Law Firm, we have the expertise, diligence, and resources to assist and guide clients through the complexities involved in establishing premarital agreements.
Additionally, we can seek to guide you through the entire legal process from start to finish and make sure that the prenup is legally binding, enforceable, valid, and meets all procedural requirements.
Prenuptial Agreement Attorneys Serving Manhattan, Kansas
If you are thinking about drawing up a premarital agreement, contact Oleen Law Firm today to schedule a simple consultation. Our attorneys can have the experienced legal guidance, support, and brilliant advocacy you need to make informed decisions when drafting your prenuptial agreement. Our firm is proud to serve clients across Manhattan and Junction City, Kansas.