Gentry v. Gentry

In Gentry v. Gentry, Ky., 798 S.W.2d 928, 936 (1990), the husband's financial condition had declined substantially during the marriage and the wife's financial condition had remained about the same. The Court held that trial courts should consider the parties' respective financial conditions at the time of divorce as well as any joint efforts toward the accumulation of marital property. (Gentry, 798 S.W.2d at 936.) In Gentry v. Gentry, the Court stated that enforcement of such agreements is subject to three limitations: The trial judge should employ basically three criteria in determining whether to enforce . . . a prenuptial agreement in a particular case: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or non-disclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed so as to make its enforcement unfair and unreasonable? (Gentry, 798 S.W.2d at 936.)