Postnuptial Agreements Attorneys Serving Johnson County & the Kansas City Area
Protecting What You’ve Built Together
Marriage isn't static, and neither are the financial circumstances surrounding it. A business may grow, an inheritance may be received, careers and incomes may change, or your family's priorities may simply look different than they did when you first said "I do." A postnuptial agreement gives married couples an opportunity to create greater clarity around their finances and establish expectations for the future. At Walsh & Fahey, we help individuals throughout Leawood, Johnson County, and surrounding Kansas communities thoughtfully address these matters with agreements tailored to their unique circumstances.
Creating a postnuptial agreement doesn't necessarily mean a marriage is in trouble. For many couples, it's simply a practical way to address changes that have occurred since getting married. Our attorneys approach these conversations with care and a focus on minimizing unnecessary conflict. We'll help you understand your options, identify the financial issues that matter most, and create an agreement designed to provide greater certainty for both you and your spouse moving forward.
What Can a Postnuptial Agreement Address?
Depending on your circumstances, a postnuptial agreement may address matters including:
Separate property and assets
Existing and future debts
Marital property
Inheritances and family assets
Real estate ownership
Financial responsibilities during marriage
Business and professional interests
Rights involving property division
Retirement and investment accounts
Spousal maintenance considerations
When circumstances change, a thoughtful plan can bring clarity to what comes next.
Postnuptial Agreements FAQs
What is a postnuptial agreement?
A postnuptial agreement, commonly called a postnup, is an agreement spouses enter into after they are already married. It can establish how certain property, assets, debts, and other financial matters will be handled during the marriage or if the marriage later ends.
What's the difference between a prenuptial and postnuptial agreement?
The primary difference is timing. A prenuptial agreement is entered into before marriage, while a postnuptial agreement is created after a couple is already married. There may also be legal differences in how the agreements are evaluated, making experienced legal guidance important.
Why would a married couple consider a postnuptial agreement?
There are many reasons. A couple's financial circumstances may have changed, one spouse may have started or grown a business, an inheritance may have been received, or the couple may simply want greater clarity regarding their financial rights and responsibilities.
Can a postnuptial agreement protect a business?
A postnuptial agreement may address business ownership and financial interests. This can be particularly important when a business was started or experienced significant growth during the marriage.
Can a postnuptial agreement address an inheritance?
Yes. A postnuptial agreement may clarify how certain inherited assets will be treated and can be particularly helpful for individuals who want to preserve family assets or property for future generations.
Can a postnuptial agreement address debt?
Yes. Couples may use a postnuptial agreement to establish expectations regarding existing or future debts and clarify certain financial responsibilities between spouses.
Can we determine child custody or child support in a postnuptial agreement?
Generally, parents cannot use a postnuptial agreement to predetermine child custody or eliminate a child's right to appropriate support. Matters involving children remain subject to Kansas law and the child's best interests.
Does each spouse need their own attorney?
Independent legal representation is often advisable. Having separate attorneys allows each spouse to receive individual legal advice and fully understand the rights, responsibilities, and potential consequences of the agreement.
Are postnuptial agreements enforceable in Kansas?
Whether a particular agreement is enforceable depends on Kansas law and the circumstances surrounding its creation and terms. Careful drafting, appropriate financial disclosure, and ensuring both parties enter the agreement voluntarily can be important considerations.
Is a postnuptial agreement the same as a divorce settlement?
No. A postnuptial agreement is created while the parties are married and can be used as a planning tool regardless of whether divorce is anticipated. A divorce settlement is created in connection with resolving the issues involved in an actual divorce.