Many may believe that prenuptial agreements are only for wealthy spouses. However, as a family attorney can further explain, these contracts can benefit any couple, regardless of their income and assets. If you have questions or concerns about enforcing these agreements, a capable Stamford prenuptial agreements lawyer can assist you.
Prenuptial contracts are an effective way for parties to manage financial concerns should they later choose to dissolve their marriage. Determining asset division, marital and separate property, and the distribution of retirement assets before marital problems arise can spare both parties considerable time and expense if they divorce in the future.
Some choose to enter prenuptial agreements because one or both parties have been married before. Spouses in this situation may want to avoid the emotional pain and financial expense of a potential contested divorce. They may also want to preserve the property they bring into the marriage for their children. A skilled Stamford attorney can help ensure that the prenuptial contract addresses an individual’s needs and concerns.
A prenuptial agreement must meet specific legal requirements to be enforceable in Stamford. Connecticut’s Premarital Agreement Act provides that a prenuptial agreement may not be binding if any of the following were present:
A contract is unconscionable if the parties did not have equal bargaining power. For example, if one party was disabled or unable to fully understand the agreement, a judge may refuse to enforce the agreement. When considering entering into a prenuptial agreement, it is best to seek counsel from a well-versed attorney in Stamford as early in the negotiations as possible.
Prenuptial agreements can address many marital issues, which can include :
Spouses can create agreements that are as general or as detailed as they prefer. Generally, the more specific the agreement is, the more likely the agreement will meet the couple’s goals.
While parties are free to address issues relating to their children in an agreement, those terms may not remain enforceable if they do not serve the children’s best interests. For example, agreeing to waive child support may be against public policy, particularly if one spouse needs financial assistance from the other to adequately care for their children at the time of a divorce.
State law also permits the parties to agree on spousal support in advance of a divorce. However, if one party waives all rights to alimony, this provision can only be enforceable if the party was fully aware they making such a waiver.
There is too much at stake in a marriage to leave vital issues to chance. A well-crafted prenuptial contract can remove many uncertainties in the event that your marriage ends.
If you are considering signing a marital contract, an experienced Stamford prenuptial agreements lawyer can provide essential guidance throughout the process. Whether our legal team is drafting the initial agreement or reviewing an existing contract for enforceability, we will work to ensure that your interests are protected. Reach out today to get started with a member of our team.