For many years, Kentucky courts would not prevail. It was considered that an agreement that takes into account the rights of each party after the divorce “could destabilize the marital relationship and promote or promote the separation of marriage.” See Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990). However, two decisions made by the Kentucky Supreme Court in 1990 changed this situation: Edwardson and Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990). Today, it is generally accepted that a prenup can resolve maintenance and ownership-sharing issues more easily than through divorce. The Court found, however, that the agreement was not manifestly abusive given the financial conditions and contributions of the parties.
In Edwardson, the Court also held that the fairness of marriage contracts must be considered on a case-by-case basis. Kentucky law does not require a marriage or post-uptial contract to be developed by a lawyer. However, for an agreement to be applicable, certain conditions must be met. To ensure that the agreement is applicable and that your rights are protected, you must contact an experienced family lawyer, who has commitments on Kentucky pre-marriage law. However, this study focuses on the legitimate expectations of the parties, as provided for in the agreement. As the court found, the financial situation of the parties was already different at the time of the agreement. Neither Gentry nor his accompanying case Edwardson v. Edwardson does not discuss the type of change in circumstances that, at the time of implementation, will render a marital agreement unacceptable. After reviewing cases in other jurisdictions, the Indiana court established the general rule among states that take into account the validity of marriage contracts at the time of their application: However, in Gentry v. Gentry, our Supreme Court has found that the application of such agreements is subject to three restrictions: the Kentucky pre-legal agreement, also known as the “commitment agreement,” is a legal contract between two (2) potential spouses that transmits how finances are managed at the end of the marriage.
Whether a marriage ends following a divorce or the death of a spouse, a matrimonial agreement replaces any common distribution of ownership with the terms of the agreement. However, the contract must be approved by the court and cannot be recognized if the assets and liabilities have not been fully disclosed in the original document or if the conditions at the time of termination of the marriage are inappropriate. Have the facts and circumstances changed since the implementation of the agreement to make its application unreasonable and inappropriate? At McBrayer PLLC, we regularly design pre-marriage and post-uptiale agreements and verify agreements offered on behalf of clients across Kentucky. We also issue opinions on the applicability of existing agreements.