Couples contemplating marriage should consider a prenuptial agreement as they make plans. Negotiating a premarital contract may not be the most romantic activity leading up to the wedding, but for certain couples, it might be the most important.
Creating a prenuptial agreement in Southbury requires careful thought, candid discussions, and advice from an experienced lawyer. Contact our seasoned prenup attorneys for help negotiating, drafting, and reviewing a prenuptial agreement.
Couples use prenuptial agreements to decide how they will manage their finances during their marriage and how they will split their property if the marriage ends through death or divorce. A prenuptial agreement can address almost any issue relating to the couple’s financial life, with the exception of child support. Issues relating to children must be decided at the time of separation.
Deciding what issues to include in a prenup requires the couple to have honest and realistic conversations about their financial expectations. They should discuss any concerns they have about handling finances as a family and attempt to find solutions.
Couples should understand that if they eventually divorce, anything either spouse owns at that time is considered part of the marital estate. If either wants to segregate any property as their own separate property, they must do so in the prenup. A Southbury attorney can explain in more detail how Connecticut judges approach property division decisions and how creating a prenuptial agreement impacts those decisions.
Connecticut General Statutes § 46b-36g states that a prenup is invalid unless both parties have made full and accurate financial disclosures before signing the agreement. A prenup requires both parties to give up their rights to equitable distribution of the marital estate in favor of a property division scheme they choose.
Financial disclosure means each party knows what they are giving up before they sign a prenup. If the disclosure does not occur or if a party provides incomplete or misleading information, a court could find that there was no informed consent to enter the prenuptial agreement.
A lawyer can ensure that a party compiles the necessary documents for a financial disclosure. They can also review disclosures to ensure everyone understands the information and how creating a prenuptial agreement will impact their rights in Southbury.
Prenuptial agreements must be in writing. When a couple decides to create a prenup, one party’s lawyer typically drafts the agreement. The other party must have adequate opportunity to review the document with their own attorney before signing.
Connecticut judges will consider the timing if there is a dispute about the enforceability of a prenup. When a prenup is presented for signature shortly before the wedding is to occur, a court could find that a spouse did not freely consent to the signing.
A lawyer in Southbury might recommend negotiating and creating a prenup many months before a planned wedding. Preparing ahead ensures both parties have time to complete disclosures, review the draft agreement, suggest amendments, and sign well before the wedding date.
There is a lot involved in putting together a workable, enforceable premarital contract. You and your fiancé will each require help from a capable lawyer.
Creating a prenuptial agreement in Southbury can be a complex process that requires months to complete. Reach out to our law firm today to get started with your prenup.
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