Last week we discussed the elements that make up a sound prenuptial agreement. Today we will look at why a couple in Kentucky may wish to make a prenuptial agreement, and how seeking legal advice could be important in such an endeavor.
Premarital agreements can be a good choice for many who wish to protect their interests should their marriage come to an end. For example, spousal support may be one issue divorcing couples face. A prenuptial agreement can outline what each spouse's spousal support obligations will be. This can ensure that the amount of spousal support agreed upon is enough to help the receiving spouse support him or herself, without overburdening the paying spouse.
Kentucky law regarding prenuptial agreements and property division is interesting. A prenuptial agreement can dictate how the couple's marital property will be split. However, because of the way the state defines marital property, some property may be considered "non-marital" property, even without being included in a prenuptial agreement. Still, it may be prudent to list what property is marital and what is not in a prenuptial agreement.
There are a few other topics that premarital agreements can't cover. Child support is one of these issues, as is parental visitation rights and child custody. This is to protect the best interests of the child.
With all of this in mind, it may be beneficial to seek legal help when drafting a premarital agreement so that it is enforceable. A vague prenuptial agreement can lead to months or even years of litigation. Therefore, by seeking the help of a divorce attorney, one may be able to create a premarital agreement that addresses all these important issues in a secure manner. The website of attorney Louis P Winner has a premarital agreement overview that readers can consult to learn more about premarital agreements in Kentucky.