In recent decades, prenuptial agreements have become increasingly common ways to handle a variety of matters in the event of a divorce. Kentucky law regards prenups essentially as a type of contract between the spouses.
A prenuptial agreement can cover many types of issues depending on your specific circumstances. Sitting down to work one out can serve as a good way for a couple to assess the current situation, future plans and priorities.
Requirements for validity
Today, Kentucky courts generally enforce a valid prenuptial agreement in keeping with the general trend of encouraging non-litigious dispute resolution. One major requirement for validity is putting the prenup in writing. Other requirements Kentucky courts have upheld include complete disclosure. Reasons to invalidate a prenup may include one party being mistaken about a major fact, fraud or misrepresentation by either party, and coercion.
What a prenup may cover
A prenup may include provisions concerning matters such as alimony, property division, insurance policies and attorneys’ fees. You may choose to have the terms of your prenup differ from the standard provisions under Kentucky law. Courts will usually uphold these terms unless there is evidence of fraud or one party only agreed under duress.
When a prenup may not change the default laws
The prenup may not dispose of some matters. Chiefly, these consist of issues pertaining to children: custody, visitation and support must be determined in accordance with Kentucky laws and guidelines.
Revoking a prenup
Drawing up a prenup does not mean that it binds both of you forever. If the two of you no longer want to abide by its terms, you can revoke it by destroying it, signing a written revocation or drawing up a new document clearly intended to supersede it.
Getting an effective prenup
While many couples draw up a prenup intending to cut down on the matters they might litigate in the event of a divorce, the agreement itself can become the subject of protracted court battles. This most often happens when the document’s provisions leave room for alternative interpretations or when one party alleges deceit or coercion. An experienced family law attorney can help you by drafting a document that reflects your intentions and meets courts’ requirements for validity.