A prenuptial agreement, also called a prenup or antenuptial agreement, is a legal contract created before marriage between a couple intending to marry. In Kentucky, prenuptial agreements help couples clarify financial expectations and protect individual assets in case the marriage ends in either divorce or death. These agreements are recognized by Kentucky courts when they meet certain legal requirements.
Couples often consider a prenuptial agreement when one or both partners bring significant assets or earning abilities into the marriage. Occasionally, the parents or grandparents of one party will insist on a prenuptial agreement; it can also be useful if there is family wealth, a family business, family farmland, or a family trust and the intent is to keep the underlying asset within the family. A prenuptial agreement is also useful if the parties have children from prior born marriages or other third parties and want to protect assets for their benefit in the event of divorce or death. This may include a real estate, investments, retirement accounts, or business interests.
In Kentucky, prenuptial agreements are governed by both family law and contract law. Each person should have the opportunity to consult separate legal representation. This helps ensure that the agreement is fair and legally sound. An attorney can explain rights under Kentucky law and how the prenup might affect those rights.
Prenuptial agreements cannot address child custody or child support in a binding way. Kentucky courts will always determine these issues based on the best interests of the child at the time of separation or divorce. Any attempt to limit a child’s rights to support may be found unenforceable. A prenuptial agreement can address terms including property, debts, and other financial obligations or promises such as maintenance, also known as alimony or spousal support.
Couples may feel hesitant to discuss a prenuptial agreement. However, open conversations about finances can strengthen trust and improve communication. Discussing a prenup does not mean planning for divorce. Instead, it means planning for clarity and fairness if unexpected circumstances arise.
If you are planning to marry and wish to protect your financial interests, consider speaking with a Kentucky family law attorney. An experienced lawyer can draft a customized prenuptial agreement that reflects your goals. A carefully prepared prenuptial agreement can provide peace of mind.