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Should You Use A Prenup?

Marriage may or may not involve head-over-heels romance. But it always involves property. A prenuptial agreement is a way to address who gets what if the marriage ends in divorce.

My name is Todd Bolus, and I am a veteran Louisville family law attorney who has helped many couples use prenups in their marriage planning. I am known for my straightforward approach and ability to guide clients toward good decisions.

If you are considering a prenuptial agreement, give me a call at the Law Office of Todd K. Bolus, PLLC, to discuss your specific situation. The initial consultation is free of charge.

Kentucky Law On Premarital Agreements

Prenuptial agreements are also often called premarital agreements. The validity of these agreements to divide property in the event of dissolution of a marriage has been well-established in Kentucky law since 1990. Depending on your circumstances, they can be an important planning tool for addressing potential family law issues.

There are, however, certain criteria that must be met in order for a prenup to be valid. For example, all material facts must be disclosed when the agreement is worked out. This is why if you decide to use a prenup, it makes sense for you and your partner to each have your own attorney. In addition, for the agreement to be enforced, the couple's circumstances must not have changed so substantially that enforcement would be unfair.

The upshot of this is that if you do a prenup, you need to do it right. As an experienced divorce lawyer, I can guide you through the process.

What Can You Use A Prenup To Do?

A prenuptial agreement isn't only about deciding who will get what marital property if you divorce. It is an opportunity to define which property is separate property, and so would not be subject to division upon divorce.

You can also use a prenup to specify how you would divide up marital debt upon dissolution of your marriage. But you cannot use a prenup to address child custody or child support issues.

Get The Legal Advice You Need

To arrange a confidential, no-cost consultation with me, call 502-438-9526 or 800-821-4049. Or, if you prefer, complete the online intake form.