LEGAL COUNSEL YOU CAN TRUST? CALL OUR TEAMS OF EXPERTS TODAY
What Can and Cannot Be Included in a Prenuptial Agreement?
Marriage brings together not only two lives but also two financial futures. When couples prepare for this union, they often want to protect individual assets, clarify financial expectations, and reduce uncertainty should circumstances change.
A prenuptial agreement can provide that security, giving both spouses peace of mind as they begin their life together. These agreements aren’t limited to the wealthy—they can be valuable for anyone entering into marriage with property, debt, or specific financial goals.
In Kentucky, our legal team at Caleb Bland Law, PLLC, works with clients across Hardin, Meade, Grayson, Breckinridge, Nelson, LaRue, Hart, Bullitt, and Jefferson Counties. We provide counsel that considers local laws and personal circumstances, so each agreement is both fair and enforceable.
A prenuptial agreement can help couples establish clear expectations, but it must be carefully prepared to remain valid. At Caleb Bland Law, PLLC, we help couples thoughtfully work through these questions. We draft fair agreements, meet state requirements, and also protect the unique needs of each client.
Because prenuptial agreements touch on many areas of law—including financial planning, property ownership, and civil litigation—they must be precise and enforceable. We encourage anyone considering a prenuptial agreement to reach out to us today to schedule a consultation and take the first step toward protecting their future.
What are Prenuptial Agreements?
A prenuptial agreement, commonly called a “prenup,” is a contract made between two individuals before they marry. It outlines how certain financial matters will be handled during the marriage and in the event of divorce or death.
These agreements aren’t just for the wealthy. We’ve seen them used by young professionals with student loans, business owners wanting to protect their companies, and parents entering a second marriage who want to preserve assets for children from a prior relationship.
Because a prenup must comply with state contract laws, any unfair or unlawful terms may render the agreement unenforceable. This is where working with a lawyer experienced in civil litigation can help identify potential challenges before they become problems later.
Why Couples Choose a Prenuptial Agreement
Prenups offer peace of mind by removing uncertainty from issues that often become heated during divorce. Common reasons couples choose them include:
Protecting individual property: A prenup can identify assets that will remain the separate property of one spouse, such as real estate owned before marriage.
Clarifying financial obligations: Couples may agree on how to divide bills, household expenses, and debts during marriage.
Supporting business interests: If one spouse owns a business, the prenup can outline whether the other spouse will have any interest in it in the event of divorce.
Safeguarding children’s inheritance: Prenups often preserve assets for children from prior relationships.
Limiting future disputes: By agreeing in advance, couples reduce the likelihood of costly civil litigation later.
These benefits show how prenups, when properly drafted, can strengthen a marriage rather than undermine it.
What Can Be Included in a Prenuptial Agreement
The law permits a wide range of issues to be addressed in prenuptial agreements. While every couple’s circumstances differ, the following categories are commonly enforceable:
Division of property
Couples may decide in advance how marital property will be divided if the marriage ends. This includes homes, cars, bank accounts, or investments.
Debts and liabilities
Prenups can clarify responsibility for existing debts, such as student loans or credit card balances, and set rules for debts acquired during the marriage.
Spousal support
In many cases, couples can agree on whether spousal support (alimony) will be paid and, if so, how much and for how long. Courts may review such provisions for fairness, but clear agreements often carry significant weight.
Business ownership
Business owners often use prenuptial agreements to shield their companies from being divided or controlled by a spouse in divorce. This helps prevent disputes that may otherwise lead to civil litigation.
Estate planning considerations
Prenups can complement estate plans by protecting inheritance rights or confirming how certain assets will be distributed after death.
What Can’t Be Included in a Prenuptial Agreement
Despite their flexibility, prenups have limits. Courts won’t enforce provisions that conflict with public policy or legal standards. Common examples include:
Child custody decisions: Courts always make custody decisions based on the best interests of the child, not based on agreements made years earlier.
Child support obligations: A prenup can’t restrict or waive a child’s right to financial support.
Unfair spousal support waivers: If eliminating spousal support would leave one spouse destitute, courts may strike the provision.
Non-financial personal matters: Provisions dictating personal behavior—such as household chores, intimacy, or lifestyle choices—aren’t enforceable.
Illegal agreements: Any provision that requires a spouse to commit unlawful acts will automatically be void.
These restrictions help protect both spouses and, more importantly, children who may be affected by the agreement.
How Civil Litigation Relates to Prenuptial Agreements
Prenuptial agreements intersect with civil litigation in multiple ways. First, if one spouse later challenges the validity of the agreement, that dispute becomes a civil case. Second, if the deal includes provisions tied to business interests, creditors or third parties may also become involved.
For example, if a spouse owns part of a family business and attempts to transfer ownership under a prenup, other shareholders may challenge the transfer in civil litigation. By anticipating such issues, we can draft agreements that minimize exposure to lawsuits and protect both spouses from drawn-out disputes.
Common Mistakes That Undermine a Prenuptial Agreement
A prenup may seem straightforward, but small errors can have significant consequences. Common mistakes include:
Lack of full disclosure: Both parties must disclose their finances honestly. Hiding assets can invalidate the entire agreement.
Improper timing: Signing the agreement too close to the wedding may suggest one party was pressured into it.
Failure to follow formalities: State laws often require prenups to be in writing and signed by both parties.
Overreaching provisions: Overly one-sided agreements may be rejected by courts.
No independent review: Each party should have an opportunity to consult with their own lawyer.
By avoiding these pitfalls, couples reduce the likelihood of later disputes that could lead to civil litigation.
When a Prenup May Not Be Appropriate
Although prenuptial agreements can be helpful, they aren’t always necessary. Couples with few assets, similar incomes, or shared financial goals may not need one. In some cases, discussing a prenup may even create unnecessary tension.
We often advise clients to consider whether their concerns could be addressed through open communication and standard marital property laws. Still, even couples who decide against a prenup benefit from knowing their rights.
Steps to Creating a Valid Prenuptial Agreement
Drafting a valid prenuptial agreement requires careful planning. We typically recommend the following process:
Start discussions early: Allow time for both parties to consider terms without pressure.
Exchange full financial disclosures: Transparency is crucial to validity.
Identify key issues: Property, debts, business interests, and spousal support should all be considered.
Consult with separate lawyers: Independent advice strengthens the enforceability of the agreement.
Finalize in writing: Verbal agreements aren’t enforceable. Written contracts signed by both parties are required.
Taking these steps creates a stronger, more balanced agreement that can stand up to civil litigation if ever challenged.
How Courts Evaluate Prenuptial Agreements
If a prenuptial agreement is later contested, courts generally review three main issues:
Was it entered into voluntarily? Pressure, coercion, or lack of time may invalidate an agreement.
Was it fair at the time of signing? Courts examine whether both parties had equal bargaining power and access to legal advice.
Is it unconscionable now? Even a fair agreement may be struck down if enforcing it would cause severe hardship.
Understanding these standards helps us draft agreements that are both practical and legally enforceable.
Frequently Asked Questions About Prenuptial Agreements
Do both parties need a lawyer? While not legally required in every state, it’s strongly recommended. Independent review reduces the risk of future challenges.
Can a prenup be changed after marriage? Yes. Couples can sign a postnuptial agreement if they wish to adjust terms.
What if my spouse refuses to sign? A prenup requires mutual consent. No court will enforce an agreement signed under duress.
Are prenups only for the wealthy? No. They’re often used by individuals with student debt, small businesses, or second marriages.
Can prenuptial agreements affect retirement accounts? Yes, as long as they comply with federal and state retirement regulations.
Compassionate Legal Assistance
If you’re considering a prenuptial agreement, we encourage you to contact our trusted legal team. We assist clients across Elizabethtown, Kentucky, and the surrounding towns of Radcliff, Shepherdsville, Bardstown, Brandenburg, Leitchfield, Hodgenville, and Louisville. We also serve Hardin, Meade, Grayson, Breckinridge, Nelson, LaRue, Hart, Bullitt, and Jefferson Counties.
We draft agreements carefully, review financial disclosures, and provide balanced advice that protects both parties. By acting thoughtfully, we help couples prepare for the future while minimizing the risk of civil litigation. Contact us today to schedule a consultation and take the first step toward protecting your financial interests and peace of mind.