The integrity of a prenuptial agreement as well as its enforceability is an important part of Kentucky family law. A prenuptial agreement is legal and enforceable in the State of Kentucky when they are correctly constructed, reviewed and executed.
Prenuptial agreements are not just for the rich and famous. They are often important prior to second marriages or any subsequent union, especially when blended families will result. The prenuptial agreement clearly establishes the existing separate property and lifestyle of the participants. It also establishes the nature of the relationship between the parties, and the terms of how money and assets are to be handled throughout the marriage, and if necessary after it is concluded.
Prenuptial agreements are not a plan to divorce in advance. They are not negative agreements which should be feared or avoided. This is one of the greatest misconceptions about these types of legal contracts. Television shows in the 70’s and 80’s changed cultural expectations of these types of agreements. News of famous athletes and media stars and their divorces made for better stories when the reporter could focus upon a “victimized” spouse or partner who had lived together with the star for many years.
The prenuptial agreement reflects what has happened in the lives of the parties to date, what they bring to the relationship and how they will be handled in the future. If there is a financial disparity between the two people in the agreement, a prenuptial agreement actually protects the person with fewer assets. It clearly protects their rights and interests now and down the road.
What makes a prenuptial agreement enforceable in Kentucky is the fact they are carefully constructed contracts which actually support the parties as they enter into a new relationship while providing protection and security for both. This is not about protecting one party at the expense of the other. Prenuptial agreements capture the true nature of how things really are.
They recognize the differing assets and situations of each party and how these are to be managed throughout the relationship. They provide clear and fair guidelines for marital property, separate property, unequal earnings and how parties are to be compensated at each stage of the relationship.
Your experienced Louisville and Jefferson County family law attorneys at Dodd & Dodd will guide you through the process to ensure important protections and proper representation has been provided, and to ensure all parties fully understand the agreement and its purpose.
Is a prenuptial agreement enforceable in Kentucky? The answer is “absolutely.” However, the integrity of a prenuptial agreement and the ability to make sure it is followed in the future will depend a lot upon the quality of legal advice you receive as well as the structuring of the document itself. A prenuptial agreement must be carefully prepared and entered into with full disclosure and appropriate representation in order to be enforceable after the fact.
Asking for a prenuptial agreement is not an expression of doubts about the relationship. In fact, many prenuptial agreements contain a “sunset provision” anticipating the success of the relationship. Once the marriage passes a certain date (usually in years) the terms of the prenup change or become altogether void. If you are the party who requires a level of protection, or if you believe this may put you at an economic or legal disadvantage you will need experienced and expert representation from the attorneys at Dodd & Dodd.
We invite you to review the strong recommendations of our clients and contact us or call 502-584-1108 to schedule an appointment.
