The common estimate is that nearly half of all marriages nationwide will end in divorce. Keeping this reality in mind and being proactive can benefit Kentucky residents down the road should they find they need out of an unsatisfactory marriage.
Many Kentucky couples may have considered entering into a prenuptial agreement, but may not understand the legalities of how to do so. In Kentucky, each spouse must fully disclose all of their assets before the prenuptial agreement is finalized. In addition, such agreements cannot be unconscionable, either at the time of signing or at the time of enforcement. Moreover, certain topics, such as child support and child custody, cannot be enforced via a prenuptial agreement.
Even after a prenuptial agreement is entered into, it may be the case that during a divorce one spouse or the other will feel it is unfair. This may especially be the case if one spouse was coerced into entering into the prenuptial agreement, if the prenuptial agreement is clearly unconscionable or if one spouse did not completely disclose all of their assets when the prenuptial agreement was signed. In these situations, it is important to challenge the legality of the prenuptial agreement in order to protect your rights.
Whether they are creating a prenuptial agreement or challenging one, Kentucky residents may want to get more information in order to take the right approach. Our law firm's website can be a resource that couples considering a prenuptial agreement may find helpful. At our law firm, we attempt to pinpoint our clients' interests and goals in order to seek an appropriate result to their legal issues. The decision to enter a prenuptial agreement is a big one. It is important that it be executed with all the necessary formalities, so that it is valid and enforceable.