Using Premarital Agreements
Now to Avoid Problems Later
Prenuptial and postnuptial agreements can prevent bitter, time-consuming and expensive litigation should you ever need to get a divorce or dissolution. For same-sex couples and domestic partners, a cohabitation agreement can serve the same purposes.
These agreements are especially useful for couples with substantial assets, previous marriages or situations when one spouse is expecting a large inheritance. They are also useful in estate planning as they allow a person to leave property or assets to their children upon death, including those from previous marriages.
In the Kansas City area and surrounding portions of Kansas and Missouri — call or contact the law firm of Barbara E. Hecht, P.C. to learn more about the goals that prenuptial, postnuptial and cohabitation agreements can help you accomplish.
Marital Property Division in Kansas and Missouri
While prenuptial and postnuptial agreements can help protect assets and keep property separate in the event of a divorce or dissolution — not everyone has them in place.
In Kansas, community property law governs situations where spouses cannot reach a property settlement agreement on their own or through the mediation or collaborative law approaches. What this means is that unless you can show that a piece of property was brought into the marriage, or that you inherited it or received it as a personal gift during the marriage — all assets and debts are presumed to be marital property and will be divided equally.
Missouri, by contrast, is an equitable distribution state. In an equitable distribution state, property must still be classified as either marital or non-marital but is not necessarily divided equally. Instead, marital assets and debts are divided on the basis of "what is fair" in each individual case.
Our attorney, Barbara E. Hecht, has more than 35 years of experience with resolving complex property and debt division issues, including those that involve military pensions, businesses, stock options, qualified domestic relations orders (QDROs) and ERISA defined benefit plans. Working with accountants, financial planners, appraisers, business valuation specialists and other experts as needed, we have the resources to protect your interests during this process.
Contact Us
Call or contact us today if you would like to speak to an experienced lawyer about either of these issues.
Offices in Overland Park and Olathe, Kansas,
and in the Missouri Cities of Kansas City and Sunrise Beach
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