Kentucky Prenuptial Agreement Form

We cannot predict the future, and when people get married, they expect everything to be excellent. However, things can take on the wrong turn one day, so it’s advisable to be prepared. In that regard, the Kentucky prenuptial agreement comes in handy.

A prenuptial agreement (also referred to as a prenup or a premarital agreement) is a legal contract between two partners. It helps potential husbands and wives to protect their assets and debts.

Such a free printable prenuptial agreement form is signed before people enter into marriage. However, they become effective only with the beginning of matrimony (right after the official wedding) and are applicable in case of divorce or one of the spouse’s death or disability.

Sometimes people live together for many years, and some provisions they include in their prenups may lose their relevance. In this case, partners can revoke their agreement and create a new one. It is also possible to amend some parts or add new sections.

To complete this procedure legally, partners usually have to sign a supplement to their agreement, stating whether they have revoked the agreement or changed something in it. By this supplement, partners prove that both of them do not mind changes.

Before the end of the 20th century, many people in the United States did not accept prenup agreements as useful for their relationship and marriage. The state of Kentucky was not an exception.

Before the nineties, no one could sign such an agreement: it was not lawful. State public authorities thought that this document might ruin residents’ matrimony.

But in 1990, things changed; these agreements became enforceable in Kentucky and a bunch of other American states, and now they have become increasingly popular every year among potential spouses. People with conservative views have now changed their minds and are willing to protect their interests as much as possible.

If you and your partner are ready to sign such a document but think that you need a lawyer, do not worry. What you add to the agreement is your choice, and nowadays, there are many templates and instructions on which you can rely. You can even use our form-building software to generate the right Kentucky prenuptial agreement form in seconds.

The laws governing these agreements in the US and Kentucky are simple and easy to understand. We will now provide you with all the needed details.

Kentucky Prenup Laws and Requirements

Generally, there are no specific laws related to premarital agreements in Kentucky, except Subsection 5, Section 371.010 of the Kentucky Revised Statutes, which makes your agreement invalid if both you and your partner have not signed it. The agreement’s notarization or witnesses’ signatures are not mandatory.

However, there is a set of rules and norms governing family, partners’ relationships, child support, assets and debts, and other relevant matters. All these can be found in Chapters 402, 403, and 404 (Title XXXV, “Domestic Relations”) of the Kentucky Revised Statutes. Chapter 402 provides readers with the laws on marriage in the state, and Chapter 403 explains divorcement and related processes.

In Chapter 404 of the Kentucky Revised Statutes, partners can find provisions about property rights, property transfer between spouses, separate and mutual properties, wife’s liabilities, and married women “as parties to actions.”

Enforceability

Overall, the agreement you make with your partner should not contradict the state laws or federal norms. Remember to respect your partner and their interests when creating the document together.

What Prenups Can Cover

Each prenup agreement contains conditions about particular items like:

  • Mutual and private estate (including real estate, bank accounts, cash, and so on)
  • Mutual and private liabilities
  • Instructions for properties’ division
  • Marital residence
  • Taxes
  • Possession of business
  • Housekeeping expenditure
  • Other various aspects of married life referring to money and properties.

Pay attention that no such agreement can cover the kids’ support if a couple has or plans to have kids together. These matters are included in other agreements and discussed in court when a couple files for divorce.

Published: Feb 25, 2021