To have an effective pre-nuptial agreement, each of you must make known all details about your assets and liabilities. It must be signed voluntarily, a significant amount of time before the wedding occurs. It also helps if it is witnessed or notarized and both of you should have a separate attorney to make sure everyone’s rights are protected. Many couples do not want to add the expense of a pre-nuptial agreement on to their wedding budget, but it is a small price to pay for a piece of mind later.
However, there are certain areas in a pre-nuptial agreement that a Kentucky Court will invalidate. Those areas include child custody, visitation and child support. In addition, if it is unconscionable at the time of its making or the time of its enforcement, the agreement will not be honored.
Sometimes pre-nuptial agreements need to be challenged because they are clearly unconscionable, signed under duress, or full disclosure was not provided when it was signed. If you are interested in checking the validity of your pre-nuptial or post-nuptial agreement or are considering whether you need one, Scott Wantland can help. Call us today.
v Have children of previous marriage
v Own a business, professional partnership, or other financial endeaver
v Significant financial resources
v Have considerable more assets than your spouse