K.S.A. » Chapter 23
Kansas Statutes Annotated

K.S.A. § 23-2404 (2026)

Same; areas with respect to which parties may contract; right of child to support not to be adversely affected

✓ current as of May 2026
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23-2404. Same; areas with respect to which parties may contract; right of child to support not to be adversely affected. (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, § 4; July 1.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2018–2026 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).
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Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “); Kansas, Kan. Stat. Ann. § 23-2404 (a)(4) (West, Westlaw through 2017 Reg.”
In re Marriage of Nelson, 475 P.3d 1284 (Kan. Ct. App. 2020). · cites it 2× “DISCUSSION Under the Uniform Premarital Agreement Act, K.S.A. 2019 Supp. 23-2401 et seq., premarital agreements (also called prenuptial or antenuptial agreements) allow parties contemplating marriage to "contract with respect to .”
Allison v. Sabin-Mitchell (Kan. Ct. App. 2026). · cites it 4× “59-6a213 and K.S.A. 23-2404, violate the Kansas Constitution.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “); Kansas, Kan. Stat. Ann. § 23-2404 (a)(4) (West, Westlaw through 2017 Reg.”
In re Marriage of O'Malley (Kan. Ct. App. 2022). “See K.S.A. 2020 Supp. 23-2404. A premarital agreement is enforceable as long as it was voluntarily executed and not unconscionable.”
In re Marriage of Bowers & Potts (Kan. Ct. App. 2023). “See K.S.A. 2019 Supp. 23-2404(a)(3) (permitting use and application of premarital agreements to property division through divorce).”
— K.S.A. § 23-2404(1) — 1 case
Allison v. Sabin-Mitchell (Kan. Ct. App. 2026). “59-6a213 and K.S.A. 23-2404, violate the Kansas Constitution.”
— K.S.A. § 23-2404(a) — 1 case
Allison v. Sabin-Mitchell (Kan. Ct. App. 2026). “59-6a213 and K.S.A. 23-2404, violate the Kansas Constitution.”
— K.S.A. § 23-2404(a)(3) — 2 cases
In re Marriage of Nelson, 475 P.3d 1284 (Kan. Ct. App. 2020). “DISCUSSION Under the Uniform Premarital Agreement Act, K.S.A. 2019 Supp. 23-2401 et seq., premarital agreements (also called prenuptial or antenuptial agreements) allow parties contemplating marriage to "contract with respect to .”
In re Marriage of Bowers & Potts (Kan. Ct. App. 2023). “See K.S.A. 2019 Supp. 23-2404(a)(3) (permitting use and application of premarital agreements to property division through divorce).”
— K.S.A. § 23-2404(a)(8) — 1 case
In re Marriage of Nelson, 475 P.3d 1284 (Kan. Ct. App. 2020). “DISCUSSION Under the Uniform Premarital Agreement Act, K.S.A. 2019 Supp. 23-2401 et seq., premarital agreements (also called prenuptial or antenuptial agreements) allow parties contemplating marriage to "contract with respect to .”
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