Getting married may be one of the happiest days of your life. Unfortunately, unexpected marital problems may arise after the wedding. While divorce may be the last thing on your mind while planning for marriage, it is essential to prepare for the possibility of marital dissolution.
A prenuptial agreement, or prenup, can protect you by detailing the rules that will govern spousal support, asset distribution, and allocation of debts if you divorce your partner. A Guilford prenuptial agreements lawyer can inform you of your options and determine if a prenup is the right choice for you. Get in touch with a compassionate family law attorney to learn more about the benefits of preparing for divorce.
A prenup can determine what each spouse will receive or pay in a divorce. Without it, state marital property laws will control the terms of the dissolution. A court might not consider the spouses’ wishes concerning the distribution of their assets. A prenuptial agreement can be a useful legal tool in several scenarios.
If one spouse earns significantly more money than the other, the lower-earning party may be financially dependent throughout the marriage. In the event of a divorce, the dependent spouse would likely be entitled to alimony. However, through a prenup, two parties can set the amount and duration of any spousal support or waive alimony altogether.
According to state law, both spouses may be held accountable for debts acquired during the marriage, regardless of who incurred that debt. A prenuptial agreement can set forth how bills will be managed, and include provisions concerning each party’s individual financial obligations.
Connecticut is an equitable property division state, meaning a court does not have to divide property equally. The court must only divide marital assets “fairly” between spouses. Without a prenuptial contract, the judge has full discretion on how to divide the property. By working with a skilled attorney to execute a prenup, spouses can assert more control in their divorce.
A prenuptial agreement is not legally binding unless it is deemed valid by the court. A prenup is valid only under the following conditions:
An attorney familiar with prenuptial agreements can ensure that all these requirements have been met to ensure the prenup is seen as a valid contract.
Couples may include various provisions in a prenup. Common issues addressed in such a contract include:
A prenuptial agreement becomes effective upon marriage. After the wedding, the contract can only be amended or revoked by a written agreement signed by both parties.
While parties may include provisions about child support and custody of shared children in a prenuptial contract, these terms are subject to court review. The court must independently determine if the terms outlined in the prenup serve the children’s best interests at the time of divorce. A qualified attorney can ensure a couple’s prenuptial agreement adheres to state law.
Requesting a prenup is not a sign that you expect the marriage to end in divorce. Drafting a premarital contract allows you to consider what may happen if unexpected events arise.
Proper planning can help you avoid the stress of a highly contested divorce. Our firm’s attorneys have experience drafting and evaluating prenups. Whether you seek assistance creating a new contract or need help enforcing an existing one, a Guilford prenuptial agreement lawyer can help.