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A prenuptial agreement does not mean that a couple is not fully committed to making their marriage work. The agreement is simply a tool that can save tremendous conflict and expense in the future, should circumstances arise. A prenuptial agreement may strengthen a marriage by removing potential mistrust and conflict sources.
Couples seek a prenuptial agreement for a variety of reasons, including:
A prenuptial agreement can be used to protect both parties from future conflicts by addressing in advance what will happen to property upon divorce or the death of one spouse. Child custody and support matters cannot be predetermined this way, but many important issues can be addressed, including:
In Connecticut, all prenuptial agreements executed on or after October 1, 1995 are governed by the Connecticut Premarital Agreement Act. Under this Act, Connecticut recognizes the validity of prenuptial agreements provided that certain conditions are met. The most important of these relate to the timing of the agreement and full disclosure of assets and debts.
With respect to timing, the sooner the prenuptial agreement is prepared, the better. Several months are generally required to prepare an effective prenuptial agreement. Each party needs adequate time to review and understand the terms of the agreement. If adequate time is not provided, a court may refuse to enforce the agreement for reasons of coercion or duress.
With respect to disclosure, both parties must make their financial information, assets, and debts known to the other. Failure to provide complete financial disclosure can render a prenuptial agreement unenforceable.
We Can Help
If you are planning to get married and have considered entering into a prenuptial agreement, contact McConnell Family Law Group for a consultation. Our attorneys can prepare, review or negotiate a prenuptial agreement for you. Our offices are located in Fairfield, New Haven, and Hartford counties. Contact us today to schedule a consultation.
Here are some more facts and information regarding prenuptial agreements.
If you feel ready to take the next step, we encourage you to call our team to schedule an initial consultation. This step is critical for you to discuss everything surrounding your unique situation. We understand that no two cases are ever the same.
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A prenuptial agreement (also known as a “premarital” or “antenuptial” agreement) is a legally binding contract between two individuals that are planning to get married. Through prenuptial agreements, couples can enter into various agreements about how their separate and joint property, assets, and income will be handled during the marriage and in the event of a divorce or the death of a spouse.
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