Marriage is an important stage in many couples’ relationships. The prospect of building a life with your partner is exciting, but you must also consider the legal implications of matrimony. Marriage is a binding contract, and if you and your partner divorce, your rights to alimony and property will be governed by Connecticut law.
If you wish to have a say in how the division of assets and spousal support will be handled in the event of a divorce, you should enter into a prenuptial agreement. By working with a Hartford prenuptial agreements lawyer, you can draft a contract that solidifies your marital rights. Get in touch with a skilled family law attorney today to learn more about the benefits of executing a premarital agreement.
The Connecticut Premarital Agreements Act governs prenups and dictates what issues can be addressed in such contracts. A couple can include the following provisions in a prenuptial agreement:
An experienced attorney working in Hartford can assess a couple’s financial situation to determine what provisions they should include in the prenup.
Under state law, each spouse has certain rights to property and spousal support unless a legal agreement states otherwise. If the couple does not wish to be bound by those laws, they should enter into a contract. By executing a prenuptial agreement before marriage, individuals can protect their personal property, shield themselves against their partner’s debts, and mitigate future disputes regarding child custody and support.
Certain property acquired during marriage automatically becomes part of the marital estate. A prenup can define what assets will be considered marital or separate in a divorce. This may be beneficial to couples with a significant amount of assets.
Both spouses may be held accountable for debts acquired during the marriage, regardless of who incurred the debt. However, a premarital agreement can specify who is responsible for specific bills. Additionally, two parties can add a provision stating that any debt one person incurs on their own is their sole responsibility.
Couples often include terms relating to child custody and support in prenuptial agreements. However, it is essential to note that these provisions are subject to court review. The courts in Hartford will review the terms of the contract to determine if it serves the best interests of the child.
In a prenup, spouses may set the amount and duration of any intended alimony or waive their rights to spousal support altogether. If one party earns significantly more than the other, it may not be wise to waive all rights to alimony.
Further, if one person expects to leave their job to care for the children or manage the marital home, maintaining rights to spousal support can be beneficial in a divorce. Anyone who suspects the terms of their prenuptial contract are unfair should consult with a trustworthy lawyer who can review the provisions in the agreement.
The circumstances under which two people execute a prenup significantly impact the validity of the contract. Under state law, a premarital agreement is only valid if:
An attorney familiar with prenuptial agreements can ensure that these requirements are met so that the contract is enforceable.
Drafting a prenup does not mean that you anticipate a divorce in the future. Executing this type of contract safeguards your personal interests during unexpected life events. If you have any questions regarding premarital contracts, call a Hartford prenuptial agreements lawyer today.