Prenuptial Agreement Attorneys in Covington, Kentucky

Prenuptial agreements have negative connotations. Most people think they protect one spouse’s wealth from the other spouse when their wealth is significantly lopsided. Others believe such agreements are harbingers of a marriage destined to fail.  

The fact is that marital agreements, when done well, protect the best interests of both spouses during the marriage, in the event of divorce, and in the event of one spouse’s death during the marriage. They do not just cover what happens when a couple divorces. Moreover, because marital agreements are usually created before the marriage or shortly after the marriage begins, they provide an opportunity for the couple to ponder, discuss, and reach an agreement on covered issues long before they may become points of contention later on.   

At The Berger Firm, we don’t look at marital agreements as the death knell of a marriage. Instead, we look at them as a way couples can forge a mutual agreement on some quite important matters. If you live in Covington, Kentucky, the greater Cincinnati area, or Northern Kentucky, including Newport and Florence, let us help you understand the benefits of prenuptial agreements. 

How Do Prenuptial Agreements Work in Kentucky? 

A prenuptial agreement is a marital agreement, just as a postnuptial agreement is. The difference between the two is simply that one is entered into prior to the marriage and the other after the marriage begins. 

Your first question is likely, “What should a prenuptial agreement cover?” Although every relationship is unique and therefore, every prenuptial agreement will be as well, there are certain items such an agreement should address because they deal primarily with the protection of assets.  

The agreement can describe how each spouse may use property belonging to the other spouse as well as property they own jointly, specifying each spouse’s rights to the property during the marriage as well as in the event of divorce.  

The agreement can also specify what happens to property upon the death of one spouse, agreeing, for example, that the deceased spouse’s inheritance passes directly to an heir rather than the surviving spouse. The same goes for what happens to one spouse’s pension or retirement savings. The marital agreement should also address alimony if the couple agrees that one spouse should pay it and the other receive it should they divorce.  

Finally, the agreement should clearly specify whether a provision applies in the event of death, divorce, or both.  

Two matters the prenuptial agreement cannot cover are child custody and child support. Those aspects must be approved by the court during the divorce process.  

You should also know that marital agreements can be modified so long as both spouses agree to the modifications and sign a revised agreement.  

Who Should Sign a Prenuptial Agreement? 

Signing a prenuptial agreement is a serious matter for each spouse, and neither should sign one without having their own family law attorney review it first.   

Separate and marital property issues form the basis for prenuptial agreements. These issues have never been more prevalent since many couples marry more than once and have children from prior relationships. Creating and entering into a marital agreement forces couples to talk about often complicated issues that are better ironed out in the beginning rather than at the end of a life or a marriage.  

There is no minimum asset or wealth disparity requirement for entering into such an agreement. Couples with even modest means may want to consider one to protect as little or as much as they have or to guarantee that one spouse is not left with nothing in the event of divorce or death.  

What Makes Marital Agreements Important? 

There are three key reasons marital agreements are important. First, they create clear boundaries from the beginning that each spouse agrees to honor if and when the time comes. Second, they give couples impetus for an open and honest discussion about important matters. Third, they provide protection to both spouses should their relationship change in years to come.  

What Makes Marital Agreements Enforceable? 

If a marital agreement is not legally enforceable, it is useless. Moreover, not every marital agreement will be enforceable in court unless it passes legal scrutiny. This type of agreement is no different than any other legal contract. 

They must be entered into willingly by each spouse and signed and dated by each spouse. They must be balanced and fair, leaving neither destitute. There must be no evidence of duress or coercion of a spouse to sign the agreement.