Do You Need A Prenuptial Agreement Lawyer in Kansas City For A Prenup To Be Valid?

A prenuptial agreement lawyer in Kansas City can help you establish the financial rights of you and your spouse in the event you later divorce or upon the death of either party. A prenuptial agreement is a contract, signed prior to marriage, that enables two potential spouses to clarify each other’s rights and obligations regarding shared and independently owned property and spousal maintenance. Your attorney can ensure that your prenuptial agreement is orchestrated properly and will protect your family business and secure your personal assets.

 Getting Legal Help From A Prenuptial Agreement Lawyer in Kansas City

• A prenuptial agreement must be in written form in order to be enforceable. A prenuptial agreement lawyer in Kansas City will include all the terms and conditions to ensure it is legally valid.
• Full disclosure by both parties is essential to enforceability regarding income, assets, and liabilities. Withholding information or providing false information can render a premarital agreement unenforceable.
• Any provisions of the proposed prenuptial agreement that violate the law would also be invalid, although it is possible, in some cases, that the court would strike any illegal clauses and enforce the rest of the prenuptial agreement.
• It will be necessary for you and your spouse to prepare a financial statement listing each of your assets and debts, which will become part of the prenuptial agreement, making it clear that nothing was left out and each of you has signed the agreement freely and voluntarily.
  

  

• Either party can agree to give up their right to inherit from their spouse anything that they would otherwise be entitled to upon the death of that spouse, even if they were left out of the will. Either party can also forfeit their right to spousal maintenance (formerly called alimony) or property if they get divorced. 
• A premarital agreement cannot be used to modify any child custody or child support obligations that you may have if your marriage ends in divorce, although it can cover most of all the other financial aspects of your relationship. The parents or the court may determine the amount of child support at the time you separate, but it must be based on what is in the child’s best interests. 
• It is imperative that each of you takes the time to review the prenuptial agreement and think it over before signing it. Both you and your future spouse must willingly, without coercion by the other, sign the premarital agreement. If it appears that one or the other has been pressured into signing, it could be declared invalid.
• Like any other contract, both spouses must be competent to enter into a prenuptial agreement, be of legal age, and have the mental capacity to understand and create a contract, otherwise, it may be invalid. Also, neither spouse should be under the influence of alcohol or drugs when signing the agreement.

Hiring a prenuptial agreement lawyer in Kansas City is highly recommended, although it is not required.  Should a prenuptial agreement lawyer in Kansas City not be hired, an attorney should review the prenup. At a minimum, each party must be given the opportunity to consult with an attorney before signing the prenuptial agreement, otherwise, a court may invalidate the contract.

The Levy Craig family law team makes client satisfaction, good communication, and strong, effective advocacy a top priority. To schedule a consultation, call the Family Law Practice at Levy Craig at (816) 454-7474.