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Post nuptial agreement enforceability

In Re The Marriage of David Traster and Debra Traster No. 106,092 KS Ct. App
December 7th 2012.

The appropriate standard for assessing the enforceability of a post marital


agreement is review of the agreement by the court to determine whether (1) each
party had an opportunity to obtain separate legal counsel of each party's own
choosing; (2) there was fraud or coercion in obtaining the agreement; (3) all
material assets were fully disclosed by both parties before the agreement was
executed; (4) each spouse knowingly and explicitly agreed in writing to waive the
right to a judicial equitable division of material assets and all marital rights in the
event of a divorce; (5) the terms of the agreement were fair and reasonable at the
time of execution; and (6) the terms of the agreement are not unconscionable at the
time of dissolution.

Prenuptial agreement enforceability. KSA 23-807


(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.