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Connecticut Prenuptial Agreements
The attorneys at Freed Marcroft have drafted and reviewed hundreds of prenuptial agreements for Connecticut couples. With extensive experience in the rules of shared property, the legal team ensures that each contract is equitable and enforceable. These agreements create security for couples as they enter into marriage and are designed to be enforceable upon divorce or death. The attorneys begin by evaluating the financial assets, and then establish an agreement specifically for you. Your prenuptial agreement can pre-decide alimony and property division in the event that you should someday decide to divorce. Along with protecting your financial health and wellbeing, prenuptial agreements can strengthen your relationship by allowing you to discuss finances before the marriage. By getting this difficult conversation out of the way before committing to marriage, you will create a solid foundation for your relationship.
Prenups & Enforceability
One major key to your prenuptial agreement is making sure it will be enforced in the event of a divorce. Freed Marcroft’s prenup attorneys are well-versed in the dynamic legal area of prenup enforceability. For example, your prenup is most likely to be enforced if:
- Both parties received a fair and reasonable disclosure of the amount, character and value of property, income and financial liabilities prior to signing the agreement.
- Both parties entered into the agreement voluntarily and without force or duress.
- Both parties had a reasonable opportunity to obtain the advice and guidance of independent legal counsel.
- The agreement is not so one-sided that it was unconscionable when entered into and is not unconscionable at the time one party is seeking to enforce it.
- Both parties must sign the document in the presence of a notary public.
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WHO SHOULD GET A PRENUP
While some people believe that prenuptial agreements are just for the wealthy, that is not true. All newly-engaged couples can benefit from laying out their financial plans before marrying. If the marriage does not work out, they will have pre-decided what they want. This allows them control over their own futures and helps them avoid time-consuming and expensive litigation, since the finances are already agreed upon.
Those with complicated assets, such as real estate, business ownership, or intellectual property particularly benefit from prenuptial agreements. There are also additional benefits that pre-nups offer to high net worth couples, those who own international property, and same sex couples - given the nuances involved. Also, when one spouse gives up a career to raise children or one spouse has children from another marriage, a prenup is necessary to protect assets and safeguard both parties in case the marriage breaks down. Plus, prenups increase privacy for both spouses and their children. Since most people can benefit from a prenuptial agreement, it’s wise to consult an attorney before getting married.
ALIMONY, PROPERTY DIVISION, & PRENUPS
The first thing most engaged couples don’t know is that if you don’t have a prenup, it means you are opting into the default way alimony and property division work in Connecticut. Frankly, most people don’t even know what that default is unless (and until) they get divorced. In other words, most people get married without really understanding what they are vowing to.
Connecticut doesn’t have a specific formula for dividing property or awarding alimony. Instead, the court weighs different factors in determining what is equitable. Because Connecticut is an “all property” state, judges can award the property to either spouse, no matter how it is titled, when it was acquired, or whether it was received as a gift or inheritance.
Couples can maintain their control by entering into a prenuptial agreement. They can decide how the property will be divided; giving them the power to share or keep their property. Entering into such a contract doesn’t mean they think their marriage will break down. Instead, it’s a way to safeguard their assets and take the next step with both eyes open.
Prenuptial agreements have limitations that people should consider. These agreements cannot decide child custody, visitation, or child support issues. A prenup also cannot have rules about non-financial matters or promote illegal or unconscionable activities. Finally, a prenup cannot encourage divorce. It cannot have any financial incentives or provisions that encourage one party to file for divorce. Freed Marcroft’s attorneys are experienced in creating prenuptial agreements that avoid the limitations, so they are accepted by the court. With our help, you can enter into a legally-binding agreement that will protect you if the marriage breaks down.
PRENUPTIAL AGREEMENTS AND TRUST
Some people think that prenuptial agreements are signs of distrust. However, these agreements can deepen the sense of trust and commitment that couples share. Couples that enter into prenuptial agreements discuss financial matters before their marriage, which far too many people avoid. They go into the marriage with both eyes open and build on that sense of trust to create a long-standing marriage. They are both on the same page; allowing them to trust each other in ways that many couples do not.