Top 5 Pitfalls of Pre-Nuptial Agreements in Kentucky

A well-drafted pre-nuptial agreement, commonly referred to as a “prenup”, can help ease people’s minds before getting married by laying out what to financially expect from each other as a couple. 

While prenups are powerful planning tools, they also can be legally challenged, especially if they have not been drafted appropriately. Kentucky courts will enforce a prenuptial agreement only if it passes specific legal standards for fairness and validity. 

In this article, we will discuss the top five pitfalls that most often lead to Kentucky prenups failing, and how to avoid them.

1. Failure to Provide Full Financial Disclosure

One of the most common reasons a Kentucky court may refuse to enforce a prenup is incomplete or dishonest financial disclosure.

Under Kentucky law, both parties must disclose:

• Income.
• Assets: bank accounts, real estate, investments, etc.
• Debts and liabilities.
• Anticipated future financial fluctuations, such as expected inheritances when applicable.

If one spouse has hidden assets or provided incomplete information about finances, then the agreement may be deemed unconscionable or signed under false pretenses. A court may declare the entire agreement to be unenforceable.

How to avoid this:

Draw up detailed financial statements and then exchange them before signing any agreement. Go by documentation, not estimates.

2. Signing the Agreement Too Close to the Wedding

Although Kentucky law does not have a specific waiting period, timing matters. A prenup presented shortly before the wedding, especially if one partner is pressuring the other to sign, is likely to be viewed as having been signed under duress.

The courts consider whether each party had:

• Enough time to review the agreement.
• A meaningful opportunity to seek legal advice.
• The freedom to negotiate terms.

A hurried prenup may be seen as coercive and thus harder to enforce.

How to avoid this:

Start the process of a prenuptial agreement at least several months before the wedding to demonstrate the voluntary involvement of both partners.

3. Lack of Independent Legal Counsel

Although Kentucky does not require that each partner be represented by an attorney, failing to do so is a big mistake. When one or both partners are unrepresented, it is much easier for a court to question whether or not the agreement was fully understood.

Independent counsel helps show:

• The agreement was entered into knowingly. 
• Both spouses knew the legal implications.
• The agreement was not one-sided or unfair.

This is especially important when the agreement heavily favors one partner financially.

How to avoid this:

Each party should maintain a separate Kentucky family law attorney for review and negotiation of terms before signing.

4. Including Improper or Unenforceable Provisions

Prenups can cover many financial topics, but some provisions are prohibited or problematic under Kentucky law.

Examples of unenforceable terms are:

• Anything that attempts to limit child support obligations.
• Agreements about the future arrangements for child custody.
• Divorce-motivating requirements, such as financial bonuses awarded for the dissolution of marriage.
• Personal matters, ranging from weight expectations to household chores to intimacy obligations. 

Illegal terms will be struck out by the courts, and if the remainder of the document is too overly intertwined with them, then the agreement can be invalidated altogether.

How to avoid this:

Focus on financial rights and obligations. Leave child-related issues out of the prenup; those are always determined by the court at the time of divorce based upon what is in the best interests of the child.

5. Creating an Agreement That Is Unconscionable or One-Sided 

Kentucky courts review prenuptial agreements for fairness when the documents were signed, not at the time of divorce. If the agreement was extremely one-sided at the time it was signed, or if one party was seriously disadvantaged, courts may find the agreement unconscionable.

Examples include agreements where:

• One spouse gives up all marital property rights.
• One spouse waives all spousal maintenance in a way that leaves them destitute. 
• Significant imbalances in power, wealth, or knowledge influenced negotiations.

While prenups can favor one spouse, they cannot be so unfair that enforcement would be unjust. 

How to avoid this: 

Be sure the agreement contains reasonable terms and reflects both the financial realities of both parties. 

Considering a Prenup? Hoffman Walker & Knauf Can Help 

A strong prenuptial agreement requires thoughtful preparation, full transparency, and careful legal drafting. The family law attorneys at Hoffman Walker & Knauf help couples create enforceable, fair, and customized agreements that protect their financial futures. Whether you are preparing for marriage or needing to review an existing prenup, our team is ready to guide you – contact us today for a consultation.