Discussing a prenuptial agreement with your future spouse can be difficult, but it may be important depending on your circumstances. While no one wants to believe their marriage may not last, in the event of a divorce, a prenuptial agreement may help protect you from financial uncertainty. Creating a prenuptial agreement in Hartford can protect certain assets if a divorce occurs.
At Dolan Divorce Lawyers PLLC, our prenup attorneys can help you create an enforceable prenuptial agreement that protects your assets if a marriage breakdown occurs in the future. We understand that each couple is unique, and we are here to answer your questions.
A prenuptial agreement is a legal document that a couple signs prior to marriage that details how a court will divide assets and debts if the marriage ends, and typically also addresses the issue of alimony. If you enter into a prenuptial agreement, you agree to replace the typical default division of assets and debts that would normally apply in a divorce under Connecticut’s equitable distribution laws, or another state’s dissolution laws if you reside elsewhere. Instead, the parties agree to their own customized division.
A prenuptial agreement encourages the parties to discuss their assets and debts prior to marriage, so each party is aware of the other party’s financial situation. Our Hartford attorneys can assist you in developing a prenuptial agreement.
To be valid in Connecticut, a prenuptial agreement must be in writing and signed by you and your future spouse prior to the marriage. You must both sign the prenuptial agreement voluntarily and of your own free will. The terms of the prenuptial agreement must not be so unreasonably favorable to one party as to be unconscionable, either at the time the agreement is signed or at the time it is enforced. If a court determines that someone coerced a party into signing the prenuptial agreement or that it is drastically unfair to one party, it may deem the agreement invalid.
In addition, for a prenuptial agreement to be valid, both parties must disclose all of their assets, debts, and income. If one party hides or fails to disclose something, or incorrectly states their financial circumstances, a court may invalidate the entire agreement.
When drafting a prenuptial agreement in Hartford, it is important for separate counsel to represent you and your soon-to-be spouse. You both must have an opportunity to review the agreement with your own attorney before signing to ensure it is fair.
A prenuptial agreement can define asset and debt division, establishing what is separate property not subject to division. Prenuptial agreements can also include agreements on spousal support, including but not limited to who is owed and how much the payee will contribute.
A prenuptial agreement cannot include child custody, child visitation, or child support matters. A Connecticut family court will determine these issues at the time of divorce based upon the best interests of the children involved. It is important to understand what you can and cannot include when creating a prenup in Hartford.
You hope that after the proposal and a wedding, your marriage lasts forever. However, you should consider whether you need to protect your assets in the unlikely event of a divorce later in life. By creating a prenuptial agreement in Hartford, you can make a plan to protect specific assets if your marriage breaks down.
At Dolan Divorce Lawyers, PLLC, our attorneys can answer your questions about prenuptial agreements and discuss your options. We understand the legal requirements to draft a valid prenuptial agreement, so contact us today for knowledgeable legal help.
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