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More pre-nuptial agreement questions-what is "unfair"?

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What is the name of your state (only U.S. law)? KY - Kentucky

Hi everyone,

I want to thank you all for your previous advice. I interviewed a few and found an attorney that I am going to hire. Now comes the task of making the actual decisions to put within the pre-nuptial agreement.

The attorney said something to the effect that the pre-nup will be upheld as long as it is clearly and honestly written -- unless there is a material change in circumstances at the time of divorce which renders the agreement unfair.

My question to the forum is, what constitutes "unfair"? How do I know if the agreement is constructed "fairly"? What my fiance' and I had planned to construct was essentially he keeps his, and I keep mine, etc. This would apply to current and future retirement savings, brokerage accounts and debts. We plan to keep our credit cards and bank balances separate after marriage and continue investing for the future.

I have a home which I own, and he is willing to agree to forego any future share of marital equity acquired (I know that my current home equity is mine regardless).

I'm just sort of confused as to what legally constitutes unfair -- right now, our comparative assets are very lopsided due to several factors. However, his education and earning potential are comparative to mine, although he has had a period of unemployment that may not change before we get married.

Thoughts from the forum?
 



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