Prenuptial Agreements

Prenuptial Agreements in Kentucky

Protect your assets, set clear expectations, and start your marriage with confidence and clarity.

A prenuptial agreement isn't about planning for failure — it's about protecting both partners and starting your marriage with transparency. At Kershaw & Baumgardner, we draft clear, enforceable prenuptial agreements that reflect your values and protect your future.

Why Consider a Prenuptial Agreement?

Prenuptial agreements are smart planning tools for couples of all financial backgrounds. They provide clarity, prevent future disputes, and protect both parties — not just the wealthier spouse. Common reasons to consider a prenup include:

Protecting pre-marital assets or inheritance

Shielding one spouse from the other's debts

Preserving a family business or professional practice

Clarifying financial expectations and responsibilities

Protecting children from a prior relationship

Establishing what happens to property acquired during the marriage

What Can a Prenup Cover?

A valid Kentucky prenuptial agreement can address property rights and ownership, division of assets and debts in the event of divorce, spousal maintenance provisions, and inheritance rights. It cannot, however, predetermine child custody or child support — those issues are always decided based on the child's best interests at the time of divorce.

What Makes a Prenup Enforceable?

For a prenuptial agreement to hold up in court, it must be: in writing, signed voluntarily by both parties, accompanied by full financial disclosure, and executed before the wedding. Courts will not enforce agreements that are unconscionable, were signed under duress, or involved fraud or incomplete disclosure.

We strongly recommend that each party have independent legal counsel review the agreement — this protects both of you and significantly strengthens enforceability.

Postnuptial Agreements

Already married? A postnuptial agreement can address many of the same issues as a prenup. These are particularly useful when financial circumstances change significantly after marriage — such as starting a business, receiving an inheritance, or experiencing a significant income change.