Postnuptial agreements are contracts between two spouses. They are similar to prenuptial agreements but are more versatile. Contact our law firm if you want to explore the benefits of a postnuptial agreement in Southbury.
Our seasoned postnuptial agreements attorneys can explain how these marital contracts work, draft a document tailored to your needs, or review one another firm drafted to ensure you understand its implications. Call now to learn more.
Many couples enter prenuptial agreements prior to marriage. Sometimes, situations arise that the couple did not anticipate, and their prenuptial agreement as written becomes unfair or untenable. As a result, they may want to revoke or change their prenup.
Connecticut General Statutes § 46b-36f states that prenups can only be amended or revoked through another written agreement. A couple can use a postnuptial agreement to revoke a prenuptial agreement or change its terms.
Observing certain formalities is essential when using a postnuptial agreement to replace a prenup. One benefit of an attorney in Southbury is ensuring that a postnuptial agreement meets all the legal requirements to replace an outdated premarital agreement.
Couples can experience significant financial and personal changes over the course of their marriage. They may have a child with special needs, assume responsibility for a disabled relative, or acquire substantial wealth or significant debts.
A postnuptial agreement can address these issues and allow the couple to determine a fair division of their property and allocation of debt based on their current circumstances. Couples can use postnups to lay out steps to decide how they will distribute their property and debt if incapacity, death, separation, or divorce occurs.
Postnuptial agreements can address certain limited issues regarding the couple’s children, which a prenuptial agreement cannot. This is an especially important benefit in blended families and families with children who have special needs.
Postnuptial agreements can address the property rights of children. Parents can agree that a child receives a specific item of property or that funds are directed to their children in specific ways. In contrast, the amount of child support appropriate in a given case remains under the purview of the court and will be decided in accordance with Connecticut’s child support guidelines.
Connecticut courts only enforce custody arrangements based on the children’s best interests at the time the parents separate. Even though custody decisions made before the couple separates will not be enforceable, parents use the postnuptial agreement negotiation process to consider how they would co-parent their children in the unlikely event they ever were to separate. A family lawyer can draft provisions that could be converted into a parenting plan if the couple eventually separates or divorces, assuming the circumstances at the time still support the custody plan envisioned.
Postnuptial agreements are not as widely known as premarital agreements, but in the right circumstances, they can be even more useful. During a consultation, one of our lawyers can explain the benefits of a postnuptial agreement in Southbury.
Reach out to our firm today to learn more about postnuptial agreements. If you decide to move forward, our attorneys can help you every step of the way.
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