Effective communication and planning are important in a marriage. Therefore, spouses who plan for their financial future based on a firm understanding of their property rights can reduce future stress in their relationship. Qualified family law attorneys often work with couples to draft estate documents and contracts designed to meet their specific needs.
Unlike traditional business contracts, special laws govern marriage-based agreements in the state. Whether you are discussing distribution of debts, running a joint business, or protecting your personal assets, a New Haven marital agreements lawyer can help.
Marriage affords spouses certain joint property rights and protections. If a couple does not wish to be bound by Connecticut’s default premarital property rights, they may agree to different terms in a contract.
The state recognizes both prenuptial and postnuptial agreements. Unmarried couples may negotiate a prenup to protect their individual assets. Married couples might use a postnuptial agreement to modify their default rights after moving, having children, or inheriting property.
These contracts do not exist outside of a legally binding marriage. The Connecticut Premarital Agreements Act addresses many of the laws governing marriage-based contracts. Valid marital settlements generally require written and signed agreements whereby the parties fully disclose their assets, income, and liabilities. A local attorney can oversee the process of preparing marital agreements to ensure the contracts adhere to state law.
Prenuptial and postnuptial agreements typically fall into a separate legal category than contracts for the exchange of goods and services. Couples may address the following issues in marital contracts:
It is important to note that couples should not incorporate provisions regarding the custody and financial support of their shared children because if a court deems this provision to go against the child’s best interests, the whole agreement could be invalid. All final decisions regarding the care of children are made by the court. With the help of a seasoned New Haven attorney, couples can draft a marital agreement that addresses their property concerns.
Many couples may benefit from entering into a marriage-based contract, though these agreements may be especially useful in certain situations. Lawyers often recommend that couples consider drafting a marital settlement if either party:
Couples who work together or share a business may also benefit from a martial contract. An experienced legal professional can help couples determine if they should draft a marriage agreement.
Drafting marital contracts can be difficult to do without a skilled attorney by your side. In fact, family courts may void marital contracts if the agreement does not adhere to state law.
A New Haven marital agreements lawyer can help you draft a joint spousal contract, review a proposed agreement, or advocate for your rights during prenuptial negotiations. Call today to discuss your rights with a dedicated family law attorney.