Prenuptial Agreements Attorney in Elizabethtown, Kentucky

Preparing for marriage is an exciting time in one’s life, and so much goes into planning. You plan the wedding cake, dress, venue, guest list, honeymoon, and lots more. With the growing list of things to accomplish, it’s important that you don’t forget to plan for after the wedding as well. A prenuptial agreement can prepare you for your marriage and unforeseen events, and it can help strengthen your relationship.  

At Caleb Bland Law, PLLC, we work diligently to help you avoid any issues that may come up in marriage. We proudly serve couples in Elizabethtown, Kentucky, and throughout Central Kentucky, including Hardin County, Meade County, Grayson County, Breckinridge County, Nelson County, and the surrounding areas. Reach out to us to take those next steps forward.  

Prenuptial Agreements in Kentucky 

While you’re preparing for marriage, the last thing that you want to do is think about divorce. However, a prenuptial agreement is not something that just prepares a couple for divorce. There are two main purposes: to clarify how assets will be shared or kept during marriage and what will happen with them after a divorce.  

What Prenups Cover 

The main areas that a prenuptial agreement includes are the following: 

• They help both parties know what will happen with property during and after marriage, including usage, buying, selling, and transferring.  

• Prenups answer what will happen after divorce or the death of either spouse, including alimony or retirement and pension benefits.  

• If there were children from previous marriages, it answers questions about how assets or estate plans will be distributed (or not distributed) to them.  

What Prenups Don’t Cover 

Prenuptial agreements cannot make decisions about child support, child custody, or daily tasks for the spouse. Daily task agreements have to be decided on between the couple and will not hold up in court. However, matters of child support and child custody will be determined at the time of the divorce; courts will take into account what’s best for the child at that time.  

Can They Be Modified? 

Prenuptial agreements can be changed after marriage using something called a postnuptial agreement. Also, both prenups and postnups can be legally erased if both parties agree to it in writing.  

When to Get a Prenup 

A prenup is completed during an engagement. Keep in mind that things can get complicated if the couple has been a part of a common-law marriage and now wants to get legally married. Couples in these circumstances should get the support of a prenuptial agreement attorney to create informed decisions and plans.  

Why Are Marital Agreements Important? 

When preparing for marriage, there are serious considerations to face together. Some of these topics may already litter your thoughts, but others may not even cross your mind. A prenuptial agreement can help you and your soon-to-be spouse face these considerations, and in turn, you both can set legal boundaries, have open communication, and protect what matters to you.  

Boundaries 

Setting healthy boundaries early on can help avoid confusion and frustration between individuals. When marrying someone, you may have differing expectations depending on your own family experiences, education, or beliefs. A prenup can help both parties understand those expectations and set specific boundaries that the other cannot cross.  

Open Communication 

Contrary to a common misconception, a prenuptial agreement can be a positive experience for the couple. Having open communication between partners is known to significantly strengthen a relationship, and although at first these topics can feel uncomfortable, they can bring two individuals closer together. Plus, neither will be wondering what the other person is thinking. Overall, prenups are beneficial for not just the future but also the present.  

Protection 

According to a poll conducted by Harris Poll, only 15% of Americans who were married or engaged reported that they had signed a prenuptial agreement. Although that percentage is on the rise, the fact is that 50% of marriages end in divorce. Because of this, it’s important that you prepare for the possibility that it happens. In the case of divorce, prenups can help you avoid: 

• Having to pay your spouse’s debts 

• Losing family heirlooms 

• Losing part of or all of your inheritance 

In community property states, courts split the assets 50/50. In equitable distribution states, it is separated in how they feel is fair, which isn’t always exactly in half. Kentucky uses equitable distribution rules, so this distribution will depend on that preparation.  

Ensuring It’s Enforceable 

There are some important requirements for a legal prenuptial agreement. If these are not included, your prenup may not stand up in court: 

• Make sure it’s in writing.  

• Both parties need to voluntarily sign it.  

• It can’t be written or signed under fraud, duress, or mistake.  

• It can’t be unconscionable, meaning that the agreement cannot be too unfair to hold up in court.