Prenuptial Agreement Laws in Kentucky
Kentucky has no premarital agreement statute; courts apply the Gentry v. Gentry test, which allows a court to refuse enforcement if an agreement was obtained through nondisclosure of material facts.
Last checked . General information, not legal advice.
Kentucky at a glance
- Uniform act
- No uniform act: case law governs
- The Kentucky Supreme Court set the enforcement criteria in Gentry v. Gentry (1990).
- Financial disclosure required
- Yes
- Courts ask whether the agreement was obtained through misrepresentation or nondisclosure of material facts.
The rules in Kentucky
Has Kentucky adopted the Uniform Premarital Agreement Act or a similar uniform law?
Uniform act in Kentucky: No uniform act: case law governs. The Kentucky Supreme Court set the enforcement criteria in Gentry v. Gentry (1990).
Does a prenuptial agreement in Kentucky require financial disclosure to be enforceable?
Yes. Financial disclosure required in Kentucky: yes. Courts ask whether the agreement was obtained through misrepresentation or nondisclosure of material facts.
Where do the Kentucky prenuptial agreement laws come from?
The rules above come from Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990). Each source is linked on this page. We last checked them in October 2026.
Good to know
Under Gentry, courts also ask whether the agreement is unconscionable and whether circumstances changed so much that enforcement would be unfair.
What this means in practice
Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.
Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.
Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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