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A pre-nuptial agreement, also called an ante-nuptial agreement, a pre-marital agreement, or a “pre-nup,” is a binding contract between two individuals who intend to get married. The main purpose of a pre-nuptial agreement is to specify how property division and other separation related matters are to be handle in the event of separation or divorce (and/or in the event of death). To be enforceable, a pre-nuptial agreement must generally adhere to established contract principles, as well as some requirements specific to marital contracts set forth by Connecticut Law.
Whether you think you may need a prenuptial agreement, have been asked to sign a pre-nuptial agreement or you and your significant other are thinking of entering into a pre-nuptial agreement ahead of an upcoming wedding, it is crucial consider contacting a Fairfield County pre-nuptial agreements lawyer. A dedicated attorney will provide insight on how to best utilize this specific life planning tool and work to ensure that this document is legal and enforceable while protecting your best interests.
One of the most important reasons why someone might want to hire a Fairfield county pre-nuptial agreements lawyer at SGCBBW is to ensure that the agreement is written in a way that makes it enforceable in the future. A pre-nuptial agreement signed today must comply with the Premarital Agreement Act (PAA), which applies to all pre-marital contracts entered into after October 1, 1995. The enforceability of pre-nuptial agreements signed after that date requires:
Both parties to a pre-nuptial agreement must sign it voluntarily, as it should be something they want as well. If the contract is made under duress or threats, it will likely be dismissed in court.
The legal standard for determining whether a pre-nuptial agreement is fair boils down to whether it is “unconscionable” to the state courts. A pre-nuptial agreement must not be unconscionable at the time it was executed or at the time one or both parties are seeking to enforce it. Therefore the agreement must have sufficient flexibility to weather changes in circumstances potentially over many years.
It is expected that both spouses fully disclose the value and form of their financial assets during the pre-marital agreement drafting process. All debts must also be disclosed as they will be distributed after the marriage as well.
Under the PAA, both parties to a pre-nuptial agreement in Fairfield County must have the opportunity to consult with a pre-nuptial agreements lawyer. While having a lawyer either draft or review a pre-nuptial agreement is not legally required, for a fair and enforceable agreement, everybody must have the ability to retain a lawyer or otherwise forfeit this right.
A pre-nuptial agreement can potentially cover a wide range of topics that concern a marriage relationship. With the help of a Fairfield County pre-nuptial agreements attorney, a party about to be married could address:
It is essential to understand that a pre-marital agreement legally cannot address child custody, visitation, child support, or anything that is unconscionable. The final decisions regarding children must be made by a family court.
Entering into a pre-nuptial agreement may not be right for every couple contemplating marriage but doing so could make sense for both you and your future spouse. You and your significant other are encouraged to independently seek legal advice before signing a contract that could so significantly impact your financial futures. Contact a Fairfield County pre-nuptial agreements lawyer today for additional information about your rights and options.