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A prenuptial agreement might affect property division proceedings

Thinking back to the days before you got married, you may recall some hesitation on yours or your intended spouse’s part regarding the topic of signing a prenuptial agreement. Perhaps, you thought it unromantic at the time. Since many years have passed and you have now decided that your marriage is not sustainable, you may be glad you finally agreed to sign a prenuptial agreement as you prepare for property division proceedings.

Like the majority of states in the nation, Kansas governs property division proceedings under equitable division regulations. This means that your marital property won’t necessarily be split 50/50 when your divorce is finalized. If you designated certain property or assets in your prenup as being separately owned, you will definitely want to make sure the court  is aware of this fact.

Separately owned property is not always property you already owned before marriage. Perhaps, during marriage, you received an inheritance that the benefactor expressly wished to belong solely to you. Such assets are not typically subject to division. It can helpful to rely on experienced legal representation when trying to resolve property issues in divorce, especially if you think your spouse is not adhering to state law. This can happen in cases where a spouse tries to hide assets to keep the other spouse from getting what belongs to him or her.

Marital assets are not the only topics of matter in the Kansas property division process. You and your spouse must also resolve any and all issues pertaining to debt liabilities, which may also be listed in your signed prenuptial contract. The Law Firm of Kevin Stuart Cavanaugh is fully equipped to help you address all aspects of divorce, including any problematic or complex issue regarding marital property, prenuptial or post nuptial agreements or business-related matters.

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