Prenuptial, postnuptial, and separation agreements are all valid marital contracts in Guilford. These documents allow you and your partner to exercise some control over the division of your property, alimony, custody, and child support in the event of separation or death.
If you are engaged, currently married, or anticipating separation from your spouse, you can benefit from drafting a marital agreement with a seasoned family law attorney. Entering into a contract with your spouse can reduce the unpredictability of the court system and make the divorce process more straightforward. A Guilford marital agreements lawyer can help protect your rights by discussing your options with you and determining what type of agreement would best suit your needs.
When two people first get married, they often do not think of the possibility of divorce or death. However, it is crucial to prepare for these types of unexpected life events. Creating a plan to deal with several key marital issues in the event of divorce can make the dissolution process much more amicable.
Additionally, if a legal marriage ends due to the death of one spouse, the presence of a marital contract will allow the surviving party to grieve without being burdened by the division of assets or other legal issues. An experienced attorney can provide couples with more information about how martial agreements can mitigate future disputes and confusion during unexpected life changes.
Marriage provides both spouses with specific property rights and protections. Although, if a couple does not want to be bound by state default property laws, they can agree on other terms with a marital agreement. There are three types of contracts that spouses may enter into at different stages in their relationship, each with a distinct purpose.
Prenuptial contracts are entered into by a couple preparing to get married, and are regulated by The Connecticut Premarital Agreements Act. This type of agreement details how both parties’ marital assets will be divided should the marriage end in divorce. It can also include provisions concerning alimony, retirement plans, and debt.
Before executing a prenup, each party should disclose all their assets and debts. This ensures that both spouses are aware of what they may be giving up in a divorce. An attorney with experience handling marital agreements can explain the importance of the disclosure process.
Parties enter into postnuptial agreements after their marriage. These contracts are used to maintain control over property disposition and spousal support in the event of a divorce. Married couples may use postnups to define their rights if one spouse leaves their career to relocate with the other or inherits property during the marriage and does not want it to be categorized as marital. Both spouses must agree to execute the postnuptial contract willingly and without any threat or duress.
These agreements set forth the couple’s final, agreed-upon provisions in the case of divorce or legal separation. A separation agreement may also address issues such as:
If the court approves a separation contract, it can be incorporated into the final divorce decree. A lawyer familiar with state law can review the provisions of an agreement to ensure it is legally enforceable.
Divorce may be one of the most challenging things you will have to face. Without a marital contract, you will have little say in how the court rules on issues concerning your property and children. Drafting an agreement with your spouse while you are still happy can prevent unnecessary conflict if you divorce. Consider speaking with one of our Guilford marital agreement lawyers for help executing a contract that serves your best interests.