Summer is right around the corner and for many Kentucky couples this means that "wedding season" is also upon them. The summer months are popular months in which to get married, which means they should be important for another reason: considering a prenuptial agreement, or, if one is already married, a postnuptial agreement.
Some couples may believe that they are so in love that they do not need a prenuptial agreement. However, this is often not the case. During a heated divorce, reaching an out-of-court agreement as to property division may not always be possible, which then leaves the matter up to the court. Therefore, couples may want to take the time before they are married to think about property division fairly and with a cool head, and then formalize their intentions in a prenup.
With this in mind, couples should keep a few things in mind in order to create a legally sound prenup. First of all, get things in writing. Oral prenuptial agreements may not be enforceable in court. Also, it helps for each spouse to retain his or her own attorney, so that each of their individual interests are protected. Prenups should be fair in the sense that they do not overly favor one spouse or the other. Similarly, a spouse should not feel coerced into entering a prenup. Finally, each spouse is obligated to be completely honest about their finances, including their income, debts and assets.
As this shows, couples have a lot to think about before getting married besides planning their wedding. A prenuptial agreement can protect both party's financial interests. And if a couple is already married, a postnuptial agreement can cover many of the same topics as a prenup. Speaking to an attorney about prenups may be a good idea for Kentuckians who want legal information on this topic.