Law & Legal & Attorney Family Law

The Marriage Laws in Kansas

    Incestuous Marriages

    • Kansas Statute 23-102 defines any marriage between parents and children, grandparents and grandchildren, brothers and sisters, between uncles and nieces, aunts and nephews, and first cousins as incestuous. They are all null and void under Kansas law.

    Fee

    • An applicant for a marriage license in Kansas is required to pay a fee of $59 to the clerk of the district court. This fee must be turned over to the state treasurer of Kansas. No other fee can be collected by any entity in the state with regard to marriage licenses, according to Kansas Statute 23-108a.

    Marriage License

    • The person who conducts a marriage ceremony must sign the marriage license, give a copy to the newly married couple and, within 10 days of the ceremony, return the original license to the issuing clerk or judge of the district court. The clerk or judge must then record the marriage and forward the marriage license to the Kansas secretary of health and environment.

    Recognized Marriages

    • Marriages contracted outside the state of Kansas are recognized by the state as long as they are valid marriages in the country where the marriage took place. Marriages that occurred in other states are recognized; however, the state does not consider same-sex marriages valid.

    Premarital Agreements

    • Under Kansas' Uniform Premarital Agreement Act, spouses can stipulate certain conditions of an impending marriage. The agreement can address issues such as the disposal of any the property owned separately or together, spousal support in case the marriage ends in divorce and the awarding of death benefits from life insurance policies. However, a premarital agreement cannot negatively affect the right of a child to sufficient child support

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