Planning for the future is an important step for many married couples. Spouses have certain joint rights over finances and property, and it is important to decide how they should be handled in the event of legal separation or divorce.
A New Haven postnuptial agreements lawyer can help you and your partner draft a contract that protects both of your rights. Call our office today to speak with an experienced premarital agreements attorney about your situation.
Postnuptial agreements, or “postnups,” differ from prenuptial contracts executed prior to marriage. As state laws govern a spouse’s legal rights during significant business and real estate transactions, Connecticut General Statutes §46b-36 allows legally married couples to modify, eliminate, or clarify most of these default property rights through a postnup. A couple can use these contracts to establish property titles, form a business, or solidify an estate plan.
Spouses might even use postmarital settlements as a tool to mitigate future disputes such as asset distribution in the event of death or divorce. A compassionate local attorney can help legally married couples execute postnuptial agreements based on their changing circumstances.
There are various reasons a couple may consider executing a postnuptial agreement. Lawyers often suggest that people in the following situations draft a postnup:
Because Connecticut adheres to traditional marital property laws, couples moving to the area from a common property state should also consider negotiating a postnuptial agreement. A seasoned attorney in the area can show couples how a postnup may benefit them.
Spouses should consult with a lawyer about the specific legal requirements governing postnuptial agreements. Drafting and executing a binding contract requires adherence to complex legal principles found in both state statutes and case law. For example, postmarital contracts generally do not require an exchange of services or property, but the parties must disclose all relevant assets, income, and liabilities before execution.
These agreements often require a written contract drafted by an attorney and signed only after each spouse consults with independent counsel. The contract must include fair and equitable terms as well, and they may not reduce child support or determine custody.
Judges may determine the fairness of the terms of the contract when executed and during marital dissolution proceedings. A lawyer who is familiar with these agreements can help someone create a postnuptial document that adheres to these state laws.
Drafting a binding postmarital contract can be difficult without the help of a legal professional. Couples anticipating any life changes should consider speaking with an experienced New Haven postnuptial agreements lawyer. Whether you need independent legal counsel to analyze a proposed postnup or simply want to learn more about your marital contract rights, contact our compassionate attorneys today.