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Fairfield County Prenuptial Agreement Lawyer

In today’s day and age, many couples turn to prenuptial agreements for peace of mind. If you’re interested in drafting an agreement to help protect your assets from a future potential divorce, contact a knowledgeable Fairfield County prenuptial agreement lawyer from The Law Offices of Eric R. Posmantier, LLC today.

Prenuptial Agreement Lawyer | Protecting Your Hard-Earned Assets

Marriage is an emotional bond, but it is also a legal contract. Though there used to be a certain stigma surrounding prenuptial and postnuptial agreements, this is no longer the case, as couples are beginning to realize that these are practical, common-sense contracts that safeguard the fair treatment of both spouses when it comes to property division and other divorce-related issues, should they ever decide to split later on. If you and your future spouse believe a prenuptial agreement may be right for you, please don’t hesitate to speak with a seasoned Fairfield County family lawyer from our firm today.

What Can I Include in My Prenuptial Agreement in Connecticut?

Importantly, you can include a wide range of terms in your prenuptial agreement. Some of those terms regard the following:

  • Asset Division: Guidelines for dividing assets during a divorce.
  • Debt Allocation: Determining who will be responsible for debts in the event of a divorce.
  • Property Rights: Decisions about property rights and distributions.
  • Spousal Support: Terms for alimony or spousal support, if applicable.
  • Estate Plans: Clauses that align with estate planning documents.
  • Retirement Benefits: Stipulations regarding retirement benefits and accounts.

What Can't I Include in a Prenuptial Agreement in Connecticut?

Importantly, however, you should understand that not everything can be included in a prenuptial agreement. Some examples of terms you cannot include are as follows:

  • Child Custody and Support: Connecticut law prohibits the inclusion of child custody and support terms.
  • Illegal or Unethical Provisions: Any illegal terms are, of course, unenforceable.
  • Personal Rules and Clauses: The court usually does not enforce personal preferences or rules about the marital relationship.

What Makes a Prenuptial Agreement Valid?

For any legal document to be valid and enforceable, it must meet certain standards. In Connecticut, the criteria for a valid and enforceable prenuptial agreement are as follows:

  • Voluntary Agreement: Both parties must voluntarily agree to the prenup.
  • Full Disclosure: There must be a full, fair, and complete disclosure of all assets by both parties.
  • Understanding and Consent: Each party should fully understand the agreement's terms and consent to them.
  • Independent Legal Advice: Ideally, both parties should seek independent legal counsel.
  • No Unconscionability: The agreement must not be unconscionable or grossly unfair at the time of signing.
  • Procedural Fairness: The process of creating the agreement must be fair, without duress or coercion.

What is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement but is executed after a couple marries. This document also outlines asset distribution and financial arrangements in case of a divorce. While similar in content to prenups, postnups are subject to different legal scrutiny. If you’re considering drafting a postnuptial agreement with your spouse, you should strongly consider hiring a competent attorney who can ensure your agreement is valid and enforceable in the eyes of the law.

Contact The Law Offices of Eric R. Posmantier Today

Drafting a well-rounded and enforceable prenuptial or postnuptial agreement can play a critical role in helping both spouses have the peace of mind they deserve so they can focus solely on what matters most: their marriage. If you and your spouse would like to draft such an agreement, simply contact a dedicated Fairfield County prenuptial agreement lawyer from The Law Offices of Eric R. Posmantier, LLC today.

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