Even though most people have no intention of ending their marriage, a postnuptial agreement, under certain circumstances, may still be wise to put in place to protect assets.
For more information about how to plan and implement this type of contract, reach out to a Southbury postnuptial agreements lawyer today. Our dedicated marital agreement attorneys are here to support and guide you throughout this critical process.
The drafting and enforcement of postnuptial agreements are governed by case law in Connecticut rather than any statutes. A postnuptial agreement can allow married couples to identify private versus marital property in writing, if dissolution were to occur. This is important in Connecticut, which is an all-property state and does not recognize separate property unless it is confirmed in an agreement. Assets that may be divided in this agreement include the following:
A Southbury lawyer can help a couple navigate the process of creating a postnuptial agreement and identifying their separate property.
A postnuptial agreement is entered into by parties who intend to remain married but did not have the opportunity to create a prenuptial or had circumstances change with their finances. It is not an instrument to be used in anticipation of a divorce.
It is common for married couples to sign a postnuptial agreement when specific events occur, such as suddenly receiving an inheritance or starting a business. Similarly, if one spouse has children from a prior relationship, they may want to ensure that they remain beneficiaries of certain assets in case of divorce.
Postnuptial agreements ensure that financial assets are designated as either separate or marital, and provide expectations on how the finances will be managed. This includes determining who will be responsible for the expenses associated with one asset and any existing debts.
If the marriage were to dissolve, the postnuptial agreement would reinforce and protect assets that a probate action or divorce would otherwise seek to garnish or divide. For example, there will always be a provision in a postnup that one party’s separate property cannot be used to satisfy the separate debts of another party.
A postnuptial agreement lawyer in Southbury is there to ensure the parties fully understand the effect of the provisions being drafted. They also give clients a valid understanding of what impact a postnuptial will have on their finances moving forward. If necessary, they can advise that a spouse speaks to a financial professional before committing to the terms of a postnuptial agreement.
The vast majority of couples who marry do not intend to divorce in the future. However, a postnuptial agreement can set certain expectations and provide security regarding financial issues. It can also protect individual assets and provide clarity in case of unforeseen circumstances.
If you have not put a prenuptial in place or recently had significant assets come into your life, consider working with a seasoned family law attorney to divide your property accordingly.
Our Southbury postnuptial agreements lawyers are here to safeguard your future. Schedule a consultation with our team today to speak with us and find out more.
N/a 