Kansas § 23-2407 Same; enforceability

Kansas Statutes

§ 23-2407 — Same; enforceability

Kansas·Ch. 23 KANSAS FAMILY LAW CODE·Art. 24 PREMARITAL AGREEMENTS

(a)A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:

(1)That party did not execute the agreement voluntarily; or

(2)the agreement was unconscionable when such agreement was executed and, before execution of the agreement, all of the following applied to that party:

(A)Such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B)such party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C)such party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

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(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when such agreement was executed and, before execution of the agreement, all of the following applied to that party:
(A) Such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B) such party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(C) such party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

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