A prenuptial agreement, also referred to as a premarital agreement or antenuptial agreement in Kentucky, is a contract between prospective spouses, signed prior to marriage, that determines how the couple’s assets and debts will divided upon divorce or death of a spouse. Premarital agreements become valid only after the couple is legally married.

Well-drafted prenuptial agreements have been found to actually promote marital happiness, by giving both spouses security in their future financial life and allowing the couple to focus on other aspects of their relationship.

Some may want to have a prenuptial agreement to protect a business, property, or other assets owned prior to marriage, particularly assets that have been a part of their family. Also, people who have children from previous relationships often enter into prenuptial agreements to protect the children’s right to inherit the property their parent brings to the new relationship. Other couples may want to ensure that both spouses will be entitled to a share of property gained during the marriage, particularly if one spouse plans to take care of the household and/or children while the other spouse works.

In Kentucky, prenuptial agreements may cover a number of different issues, including: each spouse’s rights to use, sell, buy, transfer, or otherwise deal with property owned by either spouse or the couple jointly; what will happen to the couple’s property upon death of a spouse or divorce; what happens to each spouse’s retirement or pension benefits upon divorce or death of a spouse; whether a spouse receives alimony upon divorce, and if so, the amount and duration; and whether the terms of the agreement take effect upon divorce, death, or both.

If you are considering a prenuptial agreement in Kentucky, it’s important to consult with a qualified attorney to ensure that the agreement meets all legal requirements and adequately protects your interests.