When planning a wedding, the prospect of divorce is usually the last thing on couples’ minds. Planning a prenuptial agreement can seem awkward, but a prenup can be a valuable legal tool to protect both parties in the future. A prenuptial agreement is a legally binding contract that can safeguard financial interests if divorce should occur.
Common prenuptial agreement conditions in New Haven include terms on property division, business interests, spousal support, retirement plans, and other issues. An experienced premarital agreement attorney can help you understand your legal rights under such an agreement.
Under state law, all property owned by married parties can be subject to equitable division during a divorce. This division can include assets acquired before the marriage. When courts take control of property division during divorce, parties can be disappointed by the outcome. Prenuptial agreements can avoid this possibility by setting clear terms on who keeps what after divorce.
Some common prenup agreement conditions in New Haven might include:
Under Sec. 46b-36g of the Connecticut Premarital Agreement Act, parties may contract regarding the right to buy, sell, transfer, manage, and control property on their own terms. Most premarital agreements focus on property decisions, especially for people entering a marriage with property and assets they already own. Property division agreements give couples peace of mind by clearly defining how property will be distributed if the marriage ends.
Rights of Either Party Under Retirement Plans
Whether individuals are covered under a retirement plan when they get married or are just embarking on a career, clauses on how retirement plans will be divided are a common feature of prenuptial agreements.
A prenuptial agreement under Connecticut law can create provisions for the execution of wills, trusts, and other estate planning tools during the marriage. Including such conditions in a premarital agreement can avoid future disagreements and ensure your affairs are in order.
Under Connecticut’s premarital agreement law, parties can agree to any other matter affecting their rights and obligations. Since every couple faces their own interests and challenges, conditions can be added to tailor a prenuptial agreement to their circumstances. Agreements cannot be unconscionable or clearly unfair, however, or they risk being invalidated.
Different conditions often apply to different situations, and every couple’s goals are unique. A knowledgeable prenuptial agreement attorney can help you craft a prenuptial agreement that is right for you.
State law prohibits prenuptial agreements from dictating child support because the courts retain authority over those decisions. The parties cannot agree to waive future child support or place caps on the amount paid for their children. However, partners may include terms addressing spousal support, also known as alimony, in a premarital agreement. If the parties create the agreement in compliance with Connecticut law, they may agree to waive or limit their future rights to spousal support.
Common prenuptial agreement conditions in New Haven will address property ownership and division, retirement plans, spousal support, and other issues relevant to married couples. An experienced prenuptial agreement attorney can sit down and discuss the conditions that are most important to you as you plan for marriage.
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