You’re in Kentucky, maybe Louisville or Lexington, deep in wedding planning mode. You’ve picked your flowers, nailed down the invitations, and maybe even drafted a rough prenup over chai latte-fueled brainstorming sessions. Then a question sneaks into the back of your mind. Should we do something to make this more official? You and your fiancé are wise to factor your financial futures into wedding planning. And this question is the right one to ask! Kentucky takes its legal statutes seriously, and if your prenup doesn’t abide by the proper steps and legal requirements, then it could be thrown out in the future. So, do I need to hire a lawyer to make our prenup enforceable? And, what are the requirements for a valid prenup in Kentucky? Continue reading to learn the answers to your questions and more.
Do I need to hire a lawyer for a valid and enforceable prenup?
In Kentucky, you’re not legally required to hire an attorney for a valid and enforceable prenup. But a properly drafted agreement does demand thoughtfulness, specificity, and clear communication. That’s where having an attorney in your corner can make all the difference. A lawyer will help ensure that every term is clearly defined, every asset is accounted for, and every sentence says exactly what you mean, not just what you think it says. Even better, a good attorney doesn’t just write legalese, they help you understand it. And that matters. Because an agreement is only as strong as the confidence both parties feel signing it.
Can I draft my prenup myself?
Nothing in Kentucky law prohibits you from drafting your prenup on your own. Technically, you and your partner can sit down, pour some cups of coffee (or bourbon, this is Kentucky, after all), and draft one yourselves. But just because you can, doesn’t mean you necessarily should. A valid prenup isn’t about jotting down a few “what’s mine is mine” lines on the back of a napkin. It demands clarity, thoughtfulness, and an eye for legal nuance, especially when emotions, money, and future expectations are involved. That’s where having an attorney involved can make all the difference.
A good prenup protects more than your premarital savings or your grandmother’s china, it outlines how things will be handled if life throws a curveball. What happens to your business? Your retirement accounts? Your debt? Without a lawyer, you might overlook critical assets or draft something too vague to enforce. For instance, saying “John’s business stays his” probably won’t cut it. Courts expect precision and specific details, such as what business, what percentage, what happens if it grows, merges, or is sold. An attorney can help you phrase all that correctly.
A DIY alternative
If you are determined to DIY your prenup, then you should utilize a well-respected online prenup drafting platform like HelloPrenup. Our technology does the legal heavy lifting for you with a deep understanding of Kentucky law. If you have more questions once your prenup is created or would like to make changes to the language, HelloPrenup has a network of attorneys licensed in Kentucky for a fraction of the price you can find locally.
What are the requirements for a valid prenup in Kentucky?
Kentucky law has recognized prenuptial agreements since the landmark 1990 case of Edwardson v. Edwardson. Courts will uphold prenups so long as they’re not the result of fraud, lack of full disclosure, or downright unfairness. Kentucky adopted the Uniform Premarital Agreement Act (UPAA), which is codified in the Kentucky Revised Statutes under Section 403.190. This section states that:
- Prenups must be in writing.
- They must be signed voluntarily by both parties.
- They must include full and fair disclosure of both parties’ financial situation (Edwardson v. Edwardson (1990)) (KRS § 403.190).
Additionally, it’s important that there’s a reasonable amount of time between signing a prenup and the wedding. Courts want to see that both parties had a decent amount of time to review the prenup, understand its contents, and consult an attorney before execution of the agreement (Gentry v. Gentry (1990)).
Do both of us need a lawyer, or can only one of us hire one?
Weddings are expensive, so it’s reasonable to wonder whether only one of you can hire a lawyer. It’s possible the other one doesn’t want to hire an attorney. In Kentucky, one person can have a lawyer and the other can choose not to. However, this situation does create some risks. If a dispute arises later, the person without legal representation could argue they didn’t fully understand what they were signing. For a signature to be voluntary, it’s critical that the party fully understood what they were signing and had a good idea of the consequences of the contract. If both parties are represented by independent lawyers, it shows the court that each of you had a professional walk you through the language and explain the financial and legal consequences. That’s why the gold standard is for both parties to have their own, independent legal counsel.
Can we share a lawyer?
Sharing a lawyer is strongly discouraged as it creates a conflict of interest, and many attorneys won’t agree to represent both parties for that very reason. Attorneys have a fiduciary duty to loyally represent their clients’ interests in confidence. Even if couples are on the same page regarding the terms of their prenup, they may have conflicting interests or goals. It’s not possible for a lawyer to represent clients on both sides of a prenup and maintain their fiduciary duty. Having separate lawyers also helps ensure that the agreement is fair and that both sides fully understand what they’re signing. Courts will take that into account when determining enforceability.
How much does a prenup cost in Kentucky?
Cost-wise, hiring a prenup lawyer in Kentucky can range anywhere from $1,000 to significantly higher, depending on the complexity of your finances, how much negotiation and back-and-forth there is, and the experience and legal fees of your attorney. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. Highly regarded, online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Kentucky’s state laws for a flat fee of $599, plus $699 to add on the services of a Kentucky-licensed prenup lawyer.
Where do I find a prenup lawyer in Kentucky?
If you’re wondering where to find a prenuptial agreement lawyer in Kentucky, a great starting point is the Kentucky Bar Association’s Lawyer Referral Service, or you can ask family and friends for trust attorney references. You can also do an online search for iterations of “prenup lawyer Kentucky.” Check out local family law firms with strong client reviews. Make sure that the attorney you’re hiring is well-reviewed and actually has experience drafting prenups. You’ve worked hard for the money and assets you’ve saved. Researching the professional who drafts your prenup is a quick and important step!
Bottom line on Kentucky prenup lawyers
So, do you legally need a lawyer for a valid prenup in Kentucky? No. But if you want it to stand the test of time and a potential future court proceeding, hiring a lawyer is one of the smartest pre-wedding investments you can make. Kentucky generally upholds prenups provided they include full financial disclosures and are signed voluntarily, well before the wedding. Now that you’ve found the answers to many of your prenup questions, go ahead and talk with your fiancé about the steps ahead. Once the prenuptial agreement is squared away, you two can continue on towards happily-ever-after with peace of mind that your financial futures are secure.
Originally from Kentucky, Martha Sue (Sue) primarily practices in the areas of family law, estate planning, and probate administration in Florida, Georgia, and Kentucky. She makes an effort to truly connect with her clients and tailor every situation to their unique situation.
Sue understands the different reasons for having a prenuptial agreement and explains those benefits to potential clients in layman’s terms.
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