A Prenup Is Not a Lack of Trust. It's What Financial Literacy Actually Looks Like Before Marriage.

That's the most common objection, and it's worth addressing directly. A prenuptial agreement is a financial planning document — it clarifies what each person owns, what stays separate, and what happens in various scenarios. It's not different from having a will (which plans for death) or business insurance (which plans for loss). The couples who have the most productive prenuptial conversations often come out of the process with a clearer shared understanding of their finances and expectations. The agreement itself is just the documentation of that understanding.

Kentucky courts evaluate prenuptial agreements for several factors: both parties must have had the opportunity to review the agreement and consult with independent counsel, the agreement must have been entered into voluntarily without duress or coercion, financial disclosures must have been adequate, and the terms must not be unconscionable. Agreements drafted hastily, presented days before the wedding, or executed without proper disclosure are vulnerable to challenge. I draft prenuptial agreements that are built to hold up — not just to satisfy the immediate request, but to withstand scrutiny if they're ever contested.

Prenuptial agreements can address: property rights and asset classification, spousal support (alimony) amounts and duration, debt allocation, the disposition of specific assets in the event of divorce or death, and business interests. They cannot: waive child support obligations, determine child custody in advance, include provisions that incentivize divorce, or include terms contrary to public policy. The scope of what can be addressed is broad — but the specificity and precision of the drafting determines whether the agreement actually accomplishes what the parties intend.

Yes, and this is not optional advice — it is one of the factors courts consider when evaluating enforceability. Each party to a prenuptial agreement should have independent legal counsel review the agreement before signing. This protects both parties: it ensures the less-wealthy party understands what they're agreeing to, and it protects the wealthier party from a later challenge based on inadequate representation. I represent one party in prenuptial negotiations; I can recommend independent counsel for the other party if needed.

No. A postnuptial agreement — executed after marriage — serves a similar function and is recognized in Kentucky. Postnuptial agreements are commonly used when: one spouse starts a business during the marriage, a significant inheritance is received, the couple's financial circumstances change substantially, or the parties want to formalize an understanding about asset ownership going forward. The enforceability standards are similar to prenuptial agreements, and the same care in drafting applies.

The earlier the better — both for practical and legal reasons. Practically, the negotiation and drafting process takes time, and both parties need adequate time to review and consult with counsel. Legally, agreements presented very close to the wedding date are more vulnerable to challenges based on duress or inadequate time for review. Starting the process three to six months before the wedding is a reasonable target. Starting earlier gives more flexibility and reduces pressure on both parties.

That's their right, and you can't force it. But you can have a conversation about why you want one — and often, when people understand the purpose (financial clarity, not divorce planning), they're more receptive. Sometimes the resistance is about the framing: 'I want to protect what I built' is different from 'I'm planning for our divorce.' If your fiancé genuinely refuses after understanding the purpose, you need to decide whether to proceed without one. I can help you think through what that means for your financial exposure and whether there are other planning tools that might address your concerns.

Yes — and that's why the drafting and execution process matters so much. Common grounds for challenge include: the agreement was signed under duress or without adequate time for review, financial disclosures were incomplete or misleading, one party didn't have independent legal counsel, or the terms are unconscionable (outrageously unfair). I draft agreements that are designed to withstand these challenges: proper financial disclosure schedules, adequate time for review, independent counsel recommendation, and terms that are fair even if they favor one party. An agreement that gets thrown out is worse than no agreement at all.

You can address some child-related financial issues in a prenuptial agreement, but not custody or child support. You can address: how you'll handle finances if one spouse leaves the workforce to raise children, what happens to certain assets if you have children, and how you'll handle education funding. You cannot predetermine custody arrangements or waive child support — those are determined at the time of divorce based on the circumstances then. I help clients think through the child-related provisions that are enforceable and useful, and avoid the ones that aren't.

Frame it as financial planning, not divorce planning. The conversation goes better when you approach it as: 'I want us to have a clear understanding of our finances going into marriage — what's mine, what's yours, and what we're building together.' That's different from 'I don't trust you' or 'I'm planning for us to fail.' Some couples find that the prenuptial process actually strengthens their relationship because it forces a real conversation about money, expectations, and values. I've had clients tell me the prenuptial process was the most useful financial conversation they'd ever had with their partner.