Connecticut Prenuptial Agreements Lawyer
Marriage is a significant step in any couple’s relationship. Not only is marriage an emotional commitment, but it is a legal and financial one as well. Even if you are confident in your relationship, no one can predict what the future holds. Executing a prenuptial agreement can alleviate some of the anxiety associated with getting married.
Some people may view these contracts as unnecessary or insulting, but a legal agreement can safeguard your assets in the event of a divorce, severe illness, or death. Talk to a Connecticut prenuptial agreement lawyer today to learn how you can protect your rights before marriage. Our experienced family attorneys can help you draft a favorable agreement.
What is a Prenuptial Agreement?
A prenuptial agreement, or prenup, is a legally binding contract that details how a person and their spouse will divide their assets and debts should they get divorced in the future. However, these contracts can address a variety of other potential marital issues.
Prenups can be used to waive or place limits on alimony should the parties get divorced. Premarital contracts can also include provisions regarding child custody and support, but all such terms will be subject to judicial review and are therefore not controlling.
Before drafting a prenuptial agreement, couples must prepare a comprehensive list of their assets and debts. An accurate and complete disclosure of assets, debts and incomes is a necessary element of drafting an enforceable prenuptial agreement. Any existing or future assets one party wishes to retain sole ownership and control of will need to be designated as separate property in the prenuptial agreement. A seasoned lawyer in Connecticut can provide couples with more information about the range of issues typically addressed in prenups.
The Benefits of Executing a Premarital Contract in Connecticut
There are many benefits to signing a prenup before getting married. For example, premarital contracts can be helpful if one or both parties have a business, real estate, or other property that they acquired before the marriage. Even in the absence of substantial wealth, a formal agreement can help couples prepare for unexpected life events.
As individuals are performing an exchange of financial disclosures, couples can gain a better understanding of their partner’s financial position, and become informed of any significant debts that they were previously unaware of. A prenup can provide individuals with clarity regarding what debts they may be responsible for during and after marriage.
With a written agreement in place, couples can mitigate future disputes and in the event of dissolution, provide for a quicker and less costly divorce resolution. Working with a skilled prenuptial agreement attorney in Connecticut is the best way to execute an enforceable contract that protects your interests.
Consult with a Connecticut Prenuptial Agreement Attorney Today
No one wants to think of the prospect of divorce when planning a marriage, but prenups offer many benefits to engaged couples. Entering into a prenuptial agreement can help you protect your assets and avoid confusion and conflict in the event of divorce or death.
It is not advised that couples execute a prenup on their own as the ultimate contract needs to meet the statutory standard. Our Connecticut prenuptial agreement lawyers can work with you to draft, review, and negotiate your premarital contract to ensure it meets your individualized needs. Contact us today to schedule a consultation and discuss your situation with an attorney.
Frequently Asked Questions
While there is no standard advice on how to emotionally prepare for a divorce, there are certain practical steps a person can take to prepare themselves to get through the divorce process. First, educate yourself on the court process and, considering the complexity of your case, decide whether you want to navigate the process alone or hire an attorney. If you are unsure which way to go, contact a law firm that focuses on family law, and request a consultation. Second, each party will need to account for their finances. Make a list of assets/account balances, and think through any current or anticipated liabilities and expenses. Neither party should make any unordinary financial expenditures, asset purchases, or transfers if divorce is imminent. Finally, think about what your priorities and goals are with regard to how you would like to see the marriage resolved.
While there is no guaranteed time frame for a divorce, generally parties can anticipate that the process in Connecticut will take anywhere from three months to one year. Once the divorce is filed, there is a 90-day waiting period which takes effect before the parties are expected to appear in court for what is known as the “case management date.” The length of the divorce process will depend on the parties’ ability and desire to cooperate, and the complexities of the underlying issues. If the parties agree on the terms of the divorce and have the necessary paperwork ready, they can schedule a date to appear in court any time after the 90-day waiting period to finalize the divorce. If the parties are in agreement on all issues and anxious to finalize the divorce immediately, they can ask the court to waive the 90-day waiting period and get an expedited court date.
Connecticut is known as a “no-fault” state, meaning either party can seek a divorce by merely stating that the marriage has “broken down irretrievably”, without having to prove either party was at fault. While a judge can consider facts surrounding the breakdown of the marriage in deciding how assets should be divided, whether there should be alimony, etc., typically the underlying respective fault of the parties is not given significant weight.
The same applies where the underlying cause of the breakdown is spousal infidelity. In such a case, if the parties are unable to settle their divorce in advance of the trial, a judge will hear evidence regarding claims of spousal infidelity, and depending on the nature of the case, the parties’ respective assets, and the egregiousness of the conduct, a judge may adjust aspects of the divorce judgment to account for considerations of fairness.
Alimony, also known as spousal support, is an allowance paid by one spouse to the other after the couple has divorced or legally separated. Alimony is designed to recognize the recipient spouse’s contribution to the marriage and is based on the premise that one spouse may have a continuing duty to financially support his or her former partner even after the marriage has ended. Alimony may be available to both male and female spouses depending on the situation.
Connecticut courts consider a number of different factors when determining whether to order alimony, and if so, the appropriate amount. Length of the marriage, the reason(s) for the divorce, and the health of each spouse are all taken into account when deciding questions related to alimony. Each spouse’s occupation, annual income, vocational skills and earning potential are also factors courts look to when awarding alimony.
Hiring an attorney to represent you during a divorce is advisable but not necessary. If you decide to retain a lawyer, he or she will usually take care of preparing the initial court documents and ensuring they are properly served. Your qualified divorce attorney will also provide you with sound legal advice. Important decisions regarding children, money, property and health insurance are usually decided by a judge during the divorce process, and such decisions are not easily changed. With so much at stake, it is generally advisable to have a competent family lawyer who is looking out for your best interests.
For those who wish to represent themselves in their divorce case, the Connecticut Judicial Website www.jud.ct.gov provides detailed instructions on how to initiate divorce proceedings without an attorney.
The divorce process is started when a spouse or their attorney fills out a summons and a divorce complaint and has a state marshal serve these forms on the opposing spouse. Once the forms have been served on the opposing spouse, the party initiating the divorce must file these documents in the proper courthouse along with a document from the marshal certifying that the divorce forms were correctly served. The initial divorce forms must be filed in a courthouse within the judicial district where either one of the spouses resides. The courthouse where the case is filed will generally remain the courthouse where the divorce case is litigated, though there are certain exceptions to this rule.
