A prenuptial agreement is a legally binding contract between two parties before they are married. Spouses can enter into these agreements to address concerns related to property, income, and other marital matters in the event of a divorce, or if they have assets from before the marriage they want to protect.
If you require a prenuptial agreement, it may be in your best interest to consult with a skilled attorney who is knowledgeable in family law. A Glastonbury prenuptial agreement lawyer could help you navigate this complex and possibly emotional process by serving as a moderator between you and your spouse.
There are many reasons why someone would want to have a prenuptial agreement. For some people, a prenuptial agreement is an excellent way to manage financial and estate planning issues. A prenuptial agreement might also help someone who has children from a previous relationship safeguard their assets for their children.
However, discussing prenuptial agreements can often be an emotional process even under the best of circumstances. With that in mind, it may be wise to consult with an experienced Glastonbury prenuptial agreements attorney who could act as a neutral third party in discussions.
The validity of a prenuptial agreement often depends on when the agreement was executed. If a prenuptial agreement was executed before a specific date, different elements concerning validity would apply.
State law holds that prenuptial agreements executed before October 1, 1995 could be valid if the following requirements are met:
The first three factors may be easier to prove, so the court would typically focus on the last requirement to determine whether a prenuptial agreement is valid in the event of a divorce.
On October 1, 1995, the state of Connecticut passed the Premarital and Postnuptial Agreement Act (PPA), which applies to all premarital agreements executed after that date. Under the PPA, a prenuptial agreement is not enforceable if the spouse can prove the following:
Many different situations could make a prenuptial agreement invalid, so it may be wise to consult a Glastonbury attorney when making prenuptial agreements to make sure your arrangement is valid in the eyes of the law.
If you are interested in drafting a prenuptial agreement, you may want to get professional assistance when handling such an important matter. A seasoned Glastonbury prenuptial agreement lawyer could review your situation and help you draft an agreement that meets all the requirements under Connecticut law. Call today for a consultation to see what could be possible in your situation.