Certain couples may benefit from a prenuptial agreement. When one party enters the marriage with significantly more property than another or if one or both fiancés have children from a previous relationship, a prenuptial agreement may be essential to protect everyone involved.
Understanding your prenuptial agreement rights in Southbury before you start negotiating is critical. For guidance throughout the process, get in touch with one of our experienced prenup attorneys at Dolan Divorce Lawyer, PLLC, who has a proven track record in handling marital contracts. Call today to learn more.
Parties entering prenuptial agreements must fully disclose their income, assets, liabilities, and debts to each other.
Each party must provide the address and value of any real estate they own and their income from investment property. They must include bank accounts, investments, trust income, and business interests. Spouses also must disclose all of their debts and liabilities.
Compiling the information to accurately complete the disclosure schedule can be challenging, depending on the complexity of an individual’s finances. A Southbury attorney can help a party complete their disclosure and analyze their fiancé’s as well.
Each party must have sufficient time before signing the agreement to have their own legal counsel review it. Each spouse should work with their own attorney.
The law is not specific about how much time must be allotted for the parties to seek legal review. However, there should be sufficient time for each person to find a Southbury lawyer and allow them to do a thorough review of their prenup agreement and rights. When one party’s finances are complicated, the process could take longer.
Connecticut General Statutes § 46b-36g(4) allows a court to set a prenup aside if one party did not have a reasonable opportunity to consult legal counsel. However, the agreement may stand if a fiancé had a reasonable opportunity but chose not to consult a lawyer.
According to the law, Connecticut courts cannot enforce a prenuptial agreement if it was unconscionable when it was made or when a spouse seeks to enforce it. An unconscionable agreement is one that is unreasonably unfair and one-sided, to the point that it shocks the conscience.
Prenuptial agreements often favor the wealthier spouse. When a spouse enters a marriage with property, their prenuptial agreement often segregates that property so it does not become part of the marital estate. The other spouse loses the opportunity to benefit from that property.
Courts cannot refuse to enforce prenuptial agreements just because one side benefits from it more than the other. However, when the disparity is extreme, a judge will scrutinize the agreement and may set it aside in the interests of fairness and equity. A Southbury lawyer can review a prenup and discuss whether it could be vulnerable to a challenge, providing you with reassurance and protection.
A well-drafted prenup offers protection for both spouses. Unfortunately, people who do not understand their prenuptial agreement rights in Southbury could be at a disadvantage.
Our skilled lawyers can draft a prenup or review one that another firm prepared so you understand its provisions. Reach out to us today if you need assistance in negotiating, drafting, or reviewing a prenup.
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