If you are considering entering into a premarital contract with your future spouse, understanding the prenuptial agreement laws in New Haven could be beneficial to help you through the process.
A skilled prenup attorney can represent you and help you ensure you are providing the proper information to make the agreement legally enforceable.
State statute governs and lists factors that prenuptial agreements must meet to be enforceable. The law states that a premarital contract in New Haven must include three primary elements: a full financial disclosure from both parties, confirmation that both parties are entering into the agreement voluntarily, and verification that it does not violate public policy.
Additionally, there is case law that sets forth precedent as to how judges will interpret and enforce premarital contracts, to the extent that there is any ambiguity or challenge to the agreement.
Typically, a premarital agreement will have a section regarding how assets and liabilities will be distributed between the two parties in the event of a divorce.
When parties are married, property that either one of them owns is considered part of the marital estate. Therefore, both parties are entitled to a certain portion of those assets. In the event of a dissolution, a judge has the authority to look at that marital estate and decide how to divide it. Prenuptial agreements put provisions in place as to who is entitled to which assets, who is entitled to manage certain assets, and what assets will be defined as marital versus separate property.
Marital expenses are purchases made for the joint benefit of the parties or their families. A prenup can assign liability for debts that are entered into or acquired during the marriage and can define them as separate or marital regardless of who they benefit.
Rather than a 50/50 split, the law in New Haven and throughout the state distributes marital property equitably in the absence of a prenuptial agreement. A judge has the discretion to determine a fair distribution depending on each party’s circumstances and needs.
A judge ultimately orders compliance to the premarital agreement, and if a party disregards the court order, they may be subjected to sanctions for violating the contract.
If one party is not complying with the prenup, the other party should reach out as soon as possible to an attorney who can help take steps to enforce the orders.
A premarital contract can give couples peace of mind in knowing their rights would be upheld in the event of a divorce. However, before signing a contract, it is important to know the prenuptial agreement laws in New Haven and how they apply to your circumstances. For more guidance, consider contacting an experienced attorney at our firm today to schedule a consultation.