Can A Kentucky Premarital Agreement Ever Be Invalid?

Love and marriage, marriage and divorce…

Unfortunately, marriage is just as connected with love as it is with divorce. Some sources report the divorce rate is decreasing; however, the fact remains that as long as people get married, there will be divorces. While most couples never think they will end their marriage in divorce while they are planning their wedding, the sad fact is that some of those marriages will not make it. For that reason, some couples choose to have a premarital agreement “just in case.”

Discussing a premarital agreement (also known as a pre-nup or prenuptial agreement) is not necessarily the most romantic or comfortable topic to discuss, it is a prudent topic for many couples, especially in situations of substantial pre-marital wealth or children from a previous marriage. Regardless of your situation, discussing the pros and cons of a premarital agreement with a Kentucky divorce attorney is a wise and prudent step to protect your future.

Are Premarital Agreements Valid in Kentucky?

At one time, Kentucky courts did not recognize the validity of premarital agreements. The courts felt that contemplating the end of a marriage before the marriage takes place “was destabilizing to the marital relationship and might promote or encourage marital breakup.” (Edwardson v. Edwardson, 1990) However, subsequent cases appealed to the Kentucky Supreme Court changed how premarital agreements are viewed by the courts.

Kentucky courts now recognize premarital agreements provided that the agreement is enforceable. The best way to ensure that your premarital agreement is enforceable is to consult with an experienced Kentucky premarital agreement attorney. If your premarital agreement is not drafted in accordance with Kentucky laws, your spouse can challenge the premarital agreement to request the court invalidate the agreement. It the court rules the premarital agreement is invalid, Kentucky property division and alimony laws will apply in your divorce.

Examples of Why a Premarital Agreement is Invalid

Examples of why a premarital agreement would be invalid under Kentucky law includes:

• The agreement was not in writing pursuant to KRS 371.010. Verbal premarital agreements are not enforceable in Kentucky.
• The parties must conduct in full and fair disclosure of assets. If either party conceals assets, the agreement can be ruled invalid.
• Premarital agreements must be voluntary. If a person signed a premarital agreement under duress, the judge will rule the agreement to be invalid.
• If the court finds that a premarital agreement is unconscionable at the signing or in the execution, the court may invalidate the agreement. In other words, if the agreement is unethical, excessive, unreasonable, or unfair, the judge may determine that the agreement is not enforceable.

Contact an Experienced Radcliff and Elizabethtown Divorce Attorney

We’ve Helped Thousands of KY Families, we can help you!

The family law attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience in the area of domestic relations including premarital agreements, custody, divorce, support, and property division.

We represent clients throughout central Kentucky. Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a consultation with one of our family court attorneys. You may also contact our office through our convenient online contact form.