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Are prenuptial agreements enforceable in Kentucky?

How Can I Ensure my Prenuptial Agreement Is Enforceable in Kentucky? In Kentucky, a prenuptial agreement must be in writing and voluntarily signed by both spouses. Courts won't enforce oral promises made by one spouse to the other if they are not part of the written agreement.

What are the threshold requirements of a valid premarital agreement?

There are three basic requirements for prenuptial agreements: the contract must comply with the Statute of Frauds, there must be consideration, and. there must be ascertainment that there is no overreaching in the contract.

What Cannot be included in a prenuptial agreement?

Child Custody & Support Anything related to your future children is something that typically cannot be included in your prenuptial agreement. Specifically, child custody and child support-related items are off-limits when creating prenuptial agreements.

Is a prenup valid if signed under duress?

Challenging as it may be, if you can prove that you were forced to sign the prenup while under duress, a court will invalidate the agreement. Threatening a spouse with retribution should they refuse to sign constitutes duress or coercion, as is not allowing the spouse to review the terms of the agreement with a lawyer.