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Prenuptial Agreements

How to keep your split from going splat.

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Overview

Proactively Protecting your Interests

Couples entering into marriage in Kentucky are increasingly contracting through prenuptial agreements. Among the most important benefit provided by a prenuptial agreement is peace of mind. For instance, prenuptial agreements can resolve issues such as disposition of assets, the protection of the inheritances of children from previous marriages and the provision of alimony, before a divorce is ever considered.

At McBrayer, McGinnis, Leslie & Kirkland, PLLC, we draft prenuptial and postnuptial agreements on a regular basis, and review proposed agreements on behalf of clients throughout Kentucky. In addition, we provide opinions with respect to the enforceability of existing agreements. Our family law attorneys have extensive experience in this area of law, and are committed to protecting the rights and interests of our firm's clients.

Who Can Benefit from a Prenuptial or Postnuptial Agreement?

Prenuptial and postnuptial agreements are particularly well-suited for professional men and women, as well as any individual who owns significant assets. Situations in which prenuptial or postnuptial agreements are particularly helpful include:

  • You wish to distribute property in a certain way after your death.
  • You have children from a prior marriage and desire to ensure they receive their rightful inheritances.
  • The parties agree to set, establish or limit spousal maintenance in the event of divorce.
  • You seek to ensure that you will not be liable for debt incurred by your spouse.
  • One party is entering into marriage with significantly more assets than the other, and he or she wishes to protect those assets should divorce occur.
  • One of the parties entering into the marriage already owns a business or professional practice.

A lawyer at our firm can review your situation and recommend your best course of action.

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. To ensure that the agreement is enforceable and your rights are protected, you should consult with an experienced family law attorney who is knowledgeable about Kentucky prenuptial and marriage law.

Contact an Attorney

To schedule a consultation with an experienced Kentucky prenuptial attorney, contact McBrayer, McGinnis, Leslie & Kirkland, PLLC. We serve clients throughout Kentucky from our offices in Louisville, Lexington, Frankfort and Greenup.

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Who We Serve

McBrayer provides sophisticated legal representation for individuals in need of legal services related to any and all domestic relations and family law issues. Our family law attorneys represent individuals in all family court matters, including but not limited to divorce, child custody, timesharing, child support, maintenance/alimony, division of property, post-decree modifications, and prenuptial agreements. In addition, McBrayer offers consultations to our clients, at which our divorce lawyers will explain the divorce process and answer any questions our client may have, particularly in regard to property division, marital and non-marital debt, and other relevant issues.

McBrayer routinely handles domestic relations and family law matters ranging from minor issues to the most complex cases. We provide client-oriented, value-added services. Our family law clients typically include business owners, doctors, lawyers, entrepreneurs, and other professionals seeking high-quality representation. We respect our client's privacy, and take care to utilize the utmost discretion to address and resolve family law matters.

McBrayer family law attorneys provide experienced, skilled guidance to our clients. We understand both the emotional challenges associated with family law and domestic relations issues as well as the potential effects on a client's financial situation. We offer hands-on, tailored representation to responsively address all of our individual client's needs. Our family law attorneys welcome our client's input relative to whether our client desires an out-of-court resolution or trial.

McBrayer's family law attorneys are experienced negotiators. Often, our family law attorneys obtain a settlement agreement or other resolution which meets and exceeds our client's expectations. When an out-of-court resolution is not realistic or viable, however, our family law attorneys have substantial experience in the courtroom, and are zealous advocates for our clients at trial.

A sampling of our typical family law clients includes:

A married individual who earned considerable income or business assets prior to or during the marriage and seeks restoration of assets following divorce.

An unmarried individual who anticipates marriage and seeks to protect his/her non-marital assets.

A public figure who seeks to reduce the publicity associated with his/her divorce.

A business owner or other successful professional who seeks to discuss the potential financial consequences of separation and divorce.

An individual who seeks to discuss the necessity and consequences of a pre-nuptial or post-nuptial agreement.

An individual who has given up his/her career to contribute to the family and seeks maintenance/alimony and an equitable division of marital assets.

An individual separated from his/her significant other who seeks to ensure the well-being and financial support of their children.

An individual who seeks to prevent the other parent from relocating with the parties' children.

An individual who seeks to establish, modify, or enforce a prior decree of custody, timesharing, child support, or maintenance/alimony.

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