A Kentucky prenuptial agreement, also known as an “antenuptial agreement,” is a legal document that outlines the financial arrangements between two engaged people who plan to get married. It covers the distribution of assets and liabilities at the end of the marriage. If a marriage ends due to divorce or a spouse’s death, the prenuptial agreement will govern the division of property, superseding any common division of property.
However, it is essential to note that the court must approve the agreement, and may not be recognized if assets and liabilities were not fully disclosed at the time of drafting or if the terms are unreasonable by the time of the marriage’s termination.
Legal Considerations
Laws:
- § 403.180 – Separation agreement – Court may find unconscionable.
- Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990) – The court reviews property settlement agreements at divorce to ensure fairness, as marriage parties may not protect their interests, and circumstances may change.
- Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990) – The court reviews settlement agreements at divorce to prevent unconscionable agreements; antenuptial agreements are reviewed at termination to avoid changed circumstances making enforcement unconscionable.
Signing Requirements: Both parties. (KRS 371.010)
Dividing Property: Equitable division. (KRS 403.190)
Enforceability Requirements
- Essential Terms for Validity: Must be written fairly and voluntarily and signed by the concerned parties.
- Full Disclosure: Both parties must fully disclose all assets and liabilities before signing.
- No Unconscionability: Must not be unconscionable or overly one-sided.
- Child Support Clauses: No clauses that waive child support obligations or parenting time. Any such provisions will be considered invalid by the court.
