23-2404. (a) Parties to a premarital agreement may contract with respect to all of the following:
(1) The rights and obligations of each of the parties in any of the property of either, or both, whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
History: L. 1988, ch. 204, ยง 4; July 1.
Source or Prior Law:
23-804.
Law Review and Bar Journal References:
"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).
CASE ANNOTATIONS
1. Antenuptial agreement language was not ambiguous, and district court erred when it considered parol evidence to impeach unambiguous language in the deeds. In re Marriage of Nelson, 58 Kan. App. 2d 920, 475 P.3d 1284 (2020).
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