Kentucky Premarital Agreement
KENTUCKY PREMARITAL AGREEMENT
Review gate. This agreement records the parties' proposed financial
elections. It does not decide its own validity or guarantee a property,
maintenance, fee, estate, tax, retirement-plan, creditor, or court outcome.
Completion and Review Record
| Item | Entry |
|---|---|
| Party A | [________________________________] |
| Party B | [________________________________] |
| Planned marriage date | [__/__/____] |
| First complete draft delivered to Party A | [__/__/____] |
| First complete draft delivered to Party B | [__/__/____] |
| Party A disclosure delivered | [__/__/____] |
| Party B disclosure delivered | [__/__/____] |
| Party A counsel / advice status | [________________________________] |
| Party B counsel / advice status | [________________________________] |
| Final signing date | [__/__/____] |
- ☐ Each party received the final agreement and every schedule before signing.
-
☐ Each party had a meaningful opportunity for separate legal advice and
negotiation. -
☐ Each party supplied current written financial information with values or
good-faith estimates. -
☐ Material tax, business, trust, retirement, benefits, estate, creditor, and
non-Kentucky issues were separately reviewed where applicable. -
☐ No schedule, incorporated document, or material blank is missing.
- ☐ No threat, concealed information, withheld schedule, wedding deadline, or
undisclosed side promise is being used to obtain a signature.
Do not sign if material information is missing or disputed, either party
wants more advice or time, or the final agreement differs from the version that
was reviewed.
1. Parties, Purpose, and Marriage Condition
This Premarital Agreement ("Agreement") is signed on [__/__/____] by:
Party A: [FULL LEGAL NAME], residing at [ADDRESS]
Party B: [FULL LEGAL NAME], residing at [ADDRESS]
The parties contemplate marriage to each other on or about [__/__/____]. They
intend this Agreement to operate only if that marriage occurs. If the
contemplated marriage does not occur, neither party intends this Agreement to
create marital property, support, or estate rights.
The parties intend Kentucky law to govern construction, subject to current
choice-of-law rules and any mandatory law governing a person, asset, plan,
third party, or proceeding.
2. Financial Disclosure
Party A's disclosure is attached as Schedule A. Party B's disclosure is
attached as Schedule B. Each schedule must identify, with a valuation date
and source or good-faith estimate:
- Real property and ownership documents;
- Cash, securities, digital assets, and financial accounts;
-
Businesses, professional practices, partnerships, trusts, and contingent
interests; -
Retirement, deferred-compensation, equity-compensation, and insurance
interests; -
Current income and material expected income;
-
Mortgages, taxes, loans, guarantees, support duties, litigation, and other
actual or contingent obligations; and -
Any valuation limitation, dispute, restriction, or missing record.
Each party states that the party:
- ☐ Reviewed the other party's complete schedule.
-
☐ Requested and received the supporting information the party considered
necessary, or listed each unresolved request below. -
☐ Asked questions and received responses before signing.
-
☐ Identified estimated, contingent, jointly owned, restricted, or difficult-
to-value items. -
☐ Is not relying on an oral financial promise omitted from the Agreement.
Unresolved request or disputed item: [________________________________]
Each party will promptly disclose a material change before marriage in a dated
written supplement delivered with enough time for review. Incorporated
supplements: [________________________________]
3. Property Elections
KRS 403.190(2)(d) excludes property from the statutory marital-property
definition when it is excluded by a valid agreement. KRS 403.190(3)
otherwise presumes that property acquired after marriage and before legal
separation is marital regardless of individual or joint title. Complete the
elections below; do not rely on title, possession, or a generic "separate"
label to answer every issue.
The labels in this Agreement allocate rights between the parties only. They do
not by themselves bind creditors, taxing authorities, retirement plans,
insurers, businesses, trustees, title holders, benefit programs, or other third
parties.
3.1 Party A Agreement Separate Property
The property identified for Party A in Schedule A, together with the following
agreed categories, traceable proceeds, or replacements, will be treated between
the parties as Party A's separate property under this Agreement:
[________________________________]
3.2 Party B Agreement Separate Property
The property identified for Party B in Schedule B, together with the following
agreed categories, traceable proceeds, or replacements, will be treated between
the parties as Party B's separate property under this Agreement:
[________________________________]
3.3 Shared or Marital Property by Agreement
The following property, acquisitions, accounts, contributions, or categories
will be treated between the parties as shared or marital property:
[________________________________]
3.4 Earnings, Income, Appreciation, and Contributions
| Asset / category | Earnings or income | Passive appreciation | Increase from labor or contributions | Reinvestment / replacement | Records required |
|---|---|---|---|---|---|
| [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] |
| [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] |
3.5 Title, Commingling, Gifts, and Reclassification
| Event | Agreed treatment between parties | Required writing / record |
|---|---|---|
| Adding the other party to title | [________________________________] | [________________________________] |
| Mixing separate and shared funds | [________________________________] | [________________________________] |
| Labor or shared funds applied to separate property | [________________________________] | [________________________________] |
| Gift or loan between the parties | [________________________________] | [________________________________] |
| Later reclassification | [________________________________] | [________________________________] |
4. Management, Transfers, and Implementation
Party A authority over Party A agreement separate property:
[________________________________]
Party B authority over Party B agreement separate property:
[________________________________]
Approval required for shared-property transactions: [________________________________]
Accounts, titles, and records to be maintained: [________________________________]
The parties will complete any deed, beneficiary designation, plan consent,
trust amendment, entity approval, tax election, insurance instruction, or other
separate instrument identified by counsel. The responsible party, instrument,
and target date are listed in Schedule D.
5. Debts and Tax Matters
5.1 Existing Obligations
| Obligation | Responsible party between the parties | Payment source | Security / guaranty | Reimbursement rule |
|---|---|---|---|---|
| [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] |
| [________________________________] | [________________________________] | [________________________________] | [________________________________] | [________________________________] |
5.2 Obligations During Marriage
Individually incurred obligations: [________________________________]
Household obligations: [________________________________]
Jointly signed obligations: [________________________________]
Business obligations and guarantees: [________________________________]
This allocation does not release either party from an obligation owed to a
creditor, establish a lien, authorize self-help, or bind a creditor that is not
a party to this Agreement.
5.3 Tax Elections
Tax-filing elections will be made when returns are prepared using current tax
advice. This Agreement does not determine a taxing authority's treatment.
Allocation of liabilities, refunds, estimated payments, audits, and fees:
[________________________________]
6. Maintenance
KRS 403.200 gives the court the stated eligibility test and directs it to set
any maintenance amount and duration it deems just after considering the listed
factors. Select one option only after separate Kentucky legal and financial
review:
☐ Rights reserved. This Agreement does not waive or predetermine either
party's ability to request or oppose maintenance under law applicable when
relief is requested.
☐ Proposed mutual waiver. The parties state the proposed waiver in
Schedule C, subject to judicial review of validity and enforceability when
enforcement is sought.
☐ Custom provision. Schedule C states the proposed amount or formula,
duration, assumptions, termination events, and security, subject to judicial
review of validity and enforceability.
Counsel's written explanation and financial analysis attached: ☐ Yes ☐ No
No party forfeits a right to be heard on temporary maintenance by challenging
this Agreement, and this form does not predetermine a temporary order.
7. Estate, Retirement, Insurance, and Benefits
This template makes no automatic waiver of a surviving spouse's rights,
dower or curtesy, inheritance, homestead, allowance, beneficiary interest,
retirement benefit, insurance benefit, or right under a will or trust.
☐ Estate and death rights remain reserved.
☐ A separately reviewed estate provision is attached as Schedule E.
| Intended result | Separate instrument / consent | Responsible person | Completion date |
|---|---|---|---|
| Will or trust | [________________________________] | [________________________________] | [__/__/____] |
| Deed or transfer-on-death instrument | [________________________________] | [________________________________] | [__/__/____] |
| Retirement / benefit election | [________________________________] | [________________________________] | [__/__/____] |
| Life-insurance designation | [________________________________] | [________________________________] | [__/__/____] |
| Business succession document | [________________________________] | [________________________________] | [__/__/____] |
No provision in this Agreement is intended by itself to change a beneficiary
designation, retirement-plan election, deed, will, trust, insurance contract,
or entity record.
8. Children and Court-Controlled Family Matters
This Agreement does not determine or limit child support, parentage, custody,
decision-making, parenting time, relocation, a child's best interests, or any
other child-related issue reserved to applicable law and court review.
Any voluntary allocation between the parties for expenses beyond required
support must be separately stated and may not be used to reduce a child's
rights: [________________________________]
9. Voluntariness and Signing Record
Each party states that the party:
- ☐ Is signing voluntarily and may decline to sign.
- ☐ Has capacity to understand the Agreement.
- ☐ Received and reviewed the final Agreement and all schedules.
- ☐ Had a meaningful opportunity for separate legal advice.
- ☐ Understands the property, debt, maintenance, and estate elections made.
-
☐ Has not relied on an undisclosed promise about the marriage, wedding,
property, support, inheritance, or enforcement. -
☐ Has completed or crossed out every material blank.
- ☐ Will receive a complete signed copy promptly after execution.
The parties understand that a court may examine the circumstances of execution
and later enforcement. The disclosures, review dates, counsel records, and
acknowledgments document facts; they do not eliminate judicial review or make
an otherwise invalid term enforceable.
10. Amendment, Revocation, and Complete Agreement
The parties agree that an amendment or revocation must be in a written document
signed by both parties after separate review. No oral statement, course of
conduct, informal message, or unilateral notice changes this Agreement.
This Agreement and Schedules A-E state the parties' complete premarital
financial agreement. No recital, heading, or drafting label overrides Kentucky
law or the court's authority.
11. Interpretation and Dispute Administration
Agreement-related notice addresses: [________________________________]
Voluntary good-faith meeting or mediation procedure, if desired:
[________________________________]
Court and county, subject to lawful jurisdiction and venue when filed:
[________________________________]
No arbitration clause, jury waiver, automatic prevailing-party fee clause,
liability cap, indemnity remedy, cure period, force-majeure clause, bond waiver,
predetermined injunction, or exclusive "Family Court" designation is included.
KRS 403.220 permits a court, after considering both parties' financial
resources, to order a reasonable contribution to costs and attorney fees in a
proceeding under KRS Chapter 403. This Agreement does not replace that judicial
decision with an automatic fee award.
If a provision is unenforceable, the parties request enforcement of remaining
provisions only to the extent a court determines that the Agreement and those
terms may lawfully operate.
12. Signatures
The parties choose original handwritten signatures and separate notary
acknowledgments for this version. Electronic execution requires a separately
reviewed signing protocol.
Party A
Signature: ______________________________________________
Printed name: [________________________________]
Date: [__/__/____]
Optional Notary Acknowledgment — Party A
Commonwealth of Kentucky
County of [________________________________]
This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].
Notary signature: ________________________________________
Printed name / identification number: [________________________________]
Commission expiration: [__/__/____]
Party B
Signature: ______________________________________________
Printed name: [________________________________]
Date: [__/__/____]
Optional Notary Acknowledgment — Party B
Commonwealth of Kentucky
County of [________________________________]
This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].
Notary signature: ________________________________________
Printed name / identification number: [________________________________]
Commission expiration: [__/__/____]
Schedules
- Schedule A: Party A valued financial disclosure
- Schedule B: Party B valued financial disclosure
- Schedule C: Maintenance election and analysis, if used
- Schedule D: Implementation instruments and responsible persons
- Schedule E: Separately reviewed estate or death provision, if used
About this template
- Last updated
- August 26, 2026
- Citations checked
- August 26, 2026
- Jurisdiction
- Kentucky
- Category
- Family Law
Legal authority
- KRS 403.190(1)-(3) (property disposition, valid-agreement exclusion, and marital-property presumption)
- KRS 403.200(1)-(2) (maintenance eligibility, amount, duration, and factors)
- KRS 403.220 (discretionary costs and attorney fees after consideration of financial resources)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 26, 2026.
KRS 403.190(2)(d) (checked August 26, 2026): "Property excluded by valid agreement of the parties;"
KRS 403.190(3) (checked August 26, 2026): "All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property."
KRS 403.200(1) (checked August 26, 2026): "The court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home."
KRS 403.200(2) (checked August 26, 2026): "The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:"
Draft your Kentucky Premarital Agreement in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.