Prenups are not esoteric legal documents that are only appropriate for high-profile marriages between people with substantial personal wealth. Prenuptial agreements can be helpful for just about any couple looking to resolve potential marital issues long before they could possibly damage their relationship. However, there are several rules you must follow to make such an agreement enforceable in court, and several ways in which unclear or incomplete language within an agreement could have dire repercussions in the future.
If you want to effectively protect your current and future rights through this kind of contract, retaining a Florence prenuptial agreement lawyer could be a crucial first step. From identifying what you would like to include in your agreement, to advocating for your interests during the drafting process, your seasoned marital agreement attorney could provide the guidance you need to create a fair and equitable contract.
What Makes a Prenup Legally Enforceable?
Like just about every other type of contract, prenuptial agreements must be put in writing and signed by both parties to be enforceable under Kentucky state law. Oral agreements will not be considered part of a prenuptial contract and will not be considered valid by a court should anyone ever try to enforce them. Perhaps more importantly, a prenuptial agreement must be created without either party engaging in fraudulent behavior or coercion.
In practice, this means both parties must make a full and complete disclosure of all their assets, financial interests, and debts early on in the drafting process. Neither party can pressure the other by any means to include a certain clause or accept an agreement that are not completely comfortable with. As a Florence prenuptial agreements attorney can affirm, any suspicion of impropriety along these lines may lead to a judge declaring part or all of a contract invalid.
Issues That a Prenuptial Contract Can Address
Assuming they are drafted in compliance with state law, prenuptial agreements can establish legally binding directives regarding almost every issue that might come during the divorce process, including but not limited to:
- What rights each spouse has to use, improve, buy, or sell designated marital property and/or property owned solely by one spouse
- How ownership of property, receipt of retirement benefits, and other similar interests would be transferred in the event of a divorce or one spouse’s death
- Alimony obligations one spouse might owe the other following a divorce, including specifications about how long those obligations would last for
- The circumstances under which the terms of the agreement would take effect
There is one important exception, which is that prenuptial contracts can make no binding agreements about how custody and visitation rights would be split between divorcing spouses, how much child support one parent might owe the other, and any other matter having to do with children produced by the marriage. State courts have sole authority to make decisions about these matters based exclusively on the child(ren) in question’s best interests, as a prenuptial contract lawyer in Florence can further explain.
Seek Help from a Florence Prenuptial Agreement Attorney
Drafting a prenuptial agreement can be an effective way to make sure potential conflicts that might disrupt your impending marriage are resolved before exchanging vows. Drafting a prenup without guidance from seasoned legal counsel could lead to you having an agreement that does not effectively protect your best interests or is not legally enforceable in Kentucky.
A conversation with a Florence prenuptial agreements lawyer should offer answers to important questions and clarity about your next steps. Call us today to schedule a meeting.