People from many different backgrounds get value from prenuptial agreements (prenups). In certain cases, prenups can make marriage breakdowns simpler and less expensive. They force a couple to discuss financial expectations candidly, and can set the foundations for better communication about money matters during the marriage.
Creating a prenuptial agreement in New Haven requires the help of a skilled prenuptial agreements attorney. Dolan Divorce Lawyers can draft an agreement tailored to your specific circumstances or review a draft agreement prepared by your fiancé’s counsel.
Couples sometimes make verbal assurances to each other about property or financial matters. These may form the basis ofan agreement to inform a prenuptial agreement, but do not substitute for one. An enforceable prenup is in writing, signed by both parties.
The couple must both sign the agreement before their marriage, but it does not take effect until the wedding date. If the couple cancels their wedding, the prenup is void.
A New Haven attorney consults with one party to a prenup about that individual’s financial circumstances and intentions for the agreement. The other partner should seek independent counsel to ensure proper legal review and enforceability. It is important to begin the process early so both parties have sufficient time to review and consider the agreement before signing.
An attorney can devise a pre-wedding contract in New Haven to address almost any matter related to property, debt, insurance, or alimony. However, it cannot cover issues relating to child custody or support. Judges make child custody decisions based on the child’s best interests at the time.
When a Connecticut couple’s marriage breaks down without a prenup, a judge must divide their property fairly but not necessarily equally. A prenup is a way for couples to identify their individual property as separate—and therefore exempt from division—and to decide a fair property division arrangement before marriage. However, if finances change in unexpected ways, a couple may want to consider amending their prenup during their marriage so that the existing terms do not lead to significantly unfair financial consequences.
Couples can address spousal support in a prenup. Either spouse can pay or receive support, and the couple can base it on the length of the marriage or any other factor they consider reasonable. Couples can waive the right to alimony, but if one spouse’s financial condition may make them dependent on public assistance after the breakdown of their marriage or would otherwise lead to an unconscionable arrangement, Connecticut General Statute § 46b-36g(4)(b) allows a judge to disregard the alimony waiver.
A prenup is unenforceable if it is unconscionable, i.e., extremely unfair to one spouse. Prenups often favor one party, but a New Haven judge may rule that a prenup devised by one party to maintain their comfortable lifestyle while leaving the other party destitute is unconscionable. A prenup is unconscionable at the time of drafting or enforcement and is subject to being set aside by a judge.
The ideal prenup process has numerous safeguards to prevent an unfair agreement. These include:
Adhering to these principles allows both parties to fully understand their rights and give their informed consent to the agreement.
If a couple’s circumstances change significantly during the marriage, an agreement they both originally considered fair could be unconscionable by the time the marriage ends. A couple experiencing changes in their finances should work with separate attorneys to update their prenup during the marriage to ensure it remains enforceable.
Creating a prenuptial agreement in New Haven can allow you to enter marriage with clear, realistic expectations about finances. Our attorneys have substantial experience drafting prenups tailored to a couple’s specific needs.
Contact Dolan Divorce Lawyers today to schedule an appointment and discuss your goals for a prenuptial agreement.
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