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Drafting Prenuptial Agreements in Kentucky Kentucky law does not require a prenuptial or postnuptial agreement to be drafted by an attorney. However, for an agreement to be enforceable, certain conditions must be met.
In a prenup, the division of joint property owned before marriage can be specified in several ways. Equally: One common method is to split the marital/community assets evenly between the spouses. That is, a 50/50 split regardless of the amount of money contributed.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Can a prenup protect my house? In short, yes, a prenup can protect your house. Describing future assets in great detail in your prenup agreement can protect home purchases or income down the line.
It is against the law to include any personal matters or requirements, other than financial issues, in a prenuptial agreement in California. For example, one spouse cannot require another to maintain a certain weight, appearance or hair color.
Though a prenup can protect your assets, it can also protect you from your partner's debt. In an age of massive student debt and uneasy economies, this is arguably more important than any asset you could lose.
Does the Spouse Have to Be on the Title in Kentucky? Since the state of Kentucky considers anything acquired during the course of a marriage to be marital property, your spouse automatically has an ownership interest in any property purchased during this time. The names on a deed do not determine ownership.
Importantly, the death of a spouse does not trigger the prenup and the distribution of assets. Instead, the spouse's last will and testament goes into effect and any contractual rights to property contained in the prenuptial agreement become, at best, a potential claim against the estate of the deceased.