AN ACT relating to postnuptial agreements.

UNOFFICIAL COPY 26 RS BR 349
Page 1 of 1
XXXX 2/20/2026 10:11 AM Jacketed
AN ACT relating to postnuptial agreements. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 403 IS CREATED TO 3
READ AS FOLLOWS: 4
A postnuptial agreement shall be void and unenforceable unless: 5
(1) It contains: 6
(a) The date on which the document was initially received by each party or his 7
or her inde pendent legal counsel, acknowledged before a notary public by 8
both parties to the agreement; and 9
(b) Conspicuous statements of the following: 10
1. That the drafter of the document does not represent both parties to the 11
agreement; 12
2. That each party is advised to retain independent legal counsel; 13
3. That each party shall be afforded the opportunity to conduct an 14
independent assessment of financial inf ormation and valuation of 15
assets of the parties; and 16
4. That in the event of fraud, the agreement may be declared null and 17
void; 18
(2) It is executed by the parties to the agreement in the presence of each other before 19
a notary public and two (2) witnesses; 20
(3) It includes the signatures of the legal counsel of each party to the agreement if 21
counsel has been retained; and 22
(4) Sixty (60) days have elapsed between the date of initial receipt of the document 23
under subsection (1) of this section and the date of i ts execution under subsection 24
(2) of this section. 25