Fairfield County Prenuptial Agreement Lawyer

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.