Westport Prenuptial Agreements Lawyer

A prenuptial agreement is a valuable tool that clarifies the rights and obligations of each party in the event of a divorce and, in some cases, the death of either party. Common situations in which a prenuptial agreement can have numerous benefits include the following:

Second marriages: A prenuptial agreement can direct that children from a previous marriage receive a share of an individual’s estate.
Marrying later in life: For those marrying later in life, a prenuptial agreement can protect the assets accumulated prior to marriage.
Family business: A prenuptial agreement can protect the assets of a family business or closely held corporation.
Any marriage: A prenuptial agreement can protect the assets that either party has accumulated prior to the marriage.

Working with an experienced Westport prenuptial agreements lawyer could be essential when drafting or reviewing a prenup. A skilled marital agreements attorney could help ensure the document accurately reflects your intentions, complies with Connecticut law, and protects your financial interests before you enter into marriage.

Should I Have a Prenuptial Agreement?

Many brides and grooms in Greenwich, Stamford, Darien, New Canaan, and Westport often wonder whether they should enter into a prenuptial agreement, sometimes called a premarital agreement, before getting married. In Fairfield County, Connecticut, prenuptial agreements have become more common due to factors such as the high rate of divorce and the trend of individuals marrying later in life after amassing wealth.

What Is a Prenuptial Agreement?

In general terms, a prenuptial agreement is a contract that two people sign prior to marriage that outlines how assets and income will be treated in the event of divorce and, in many cases, upon the death of one spouse. These agreements may also address how a couple will share expenses during the marriage or how property, such as a marital home, will be purchased and maintained. A prenuptial agreement may be as narrow or as detailed as a particular couple chooses to make it.

What Can a Prenuptial Agreement Cover Under Connecticut Law?

Under Connecticut law, specifically General Statutes § 46b-36d(a), a prenuptial agreement may address each party’s rights and obligations with respect to property held by the other, whether acquired before or during the marriage. It may also govern each party’s rights to buy, sell, transfer, mortgage, encumber, manage, or otherwise control property during the marriage. Prenuptial agreements often address how the parties will divide property upon separation, divorce, or death and allow the parties to either establish or eliminate spousal support in the event of divorce.

Some prenuptial agreements require the creation of a will or trust to carry out their terms. Parties may also use a prenuptial agreement to define ownership of life insurance policies, control how the policies pay out upon death, and establish each party’s rights to the other’s retirement benefits. These agreements typically specify which state’s law will apply when interpreting or enforcing the agreement.

Are There Limits on What a Prenuptial Agreement Can Decide?

Although parties may address a wide range of topics in a prenuptial agreement, Connecticut law places limits on certain provisions. A prenuptial agreement may not adversely affect a child’s right to support. In addition, any custody or visitation provisions included in a prenuptial agreement remain subject to review and modification by a court at the time of divorce. While couples may outline child-related arrangements in advance, there is no guarantee a court will uphold those terms if they do not serve the child’s best interests.

When Is a Prenuptial Agreement Most Appropriate?

Prenuptial agreements may be appropriate in a wide range of circumstances, including second marriages, marriages in which one or both parties wish to protect premarital assets, marriages involving interests in closely held or family-owned businesses, and marriages in which one or both parties expect to receive a substantial inheritance during the marriage.

Contact Broder Orland Murray & DeMattie, LLC

Connecticut statutes govern prenuptial agreements, and the way the parties draft the agreement can determine whether a court will enforce it. Poorly prepared agreements may lead to costly litigation, while properly structured ones provide clear financial protection. Our attorneys handle a wide range of prenuptial agreements, including complex arrangements for high-net-worth individuals.