Do I Need a Prenuptial Agreement?

Posted on September 20, 2017 by Case Law Firm

Until death do us part is the intent; the reality is that half of marriages in Connecticut end in divorce. Recognizing that many marriages do not last a lifetime, a Prenuptial Agreement (commonly referred to as a prenup) can prevent prolonged litigation, and the accompanying rancor, by addressing financial issues while both parties have each other’s best interests at heart.

What can you accomplish with a Prenuptial Agreement? As of 1995, there is a statute which sets forth matters that may be agreed upon prior to getting married, such as the disposition of property, the modification or elimination of spousal support, and the right to life insurance proceeds or retirement plans. In addition, you may agree to make a will or trust to carry out provisions within the agreement. Essentially, any matters that do not violate public policy or incur criminal penalty may be settled with the Prenuptial Agreement, with the primary limitation being that you may not adversely affect the right of a child to support.

A further benefit to a Prenuptial Agreement is the agreement to utilize mediation and arbitration, rather than fighting a lengthy court battle. Without agreement, the more informal setting provided with arbitration could not be forced upon you.

The Prenuptial Agreement is a contract, and as such, will be binding if it is not unconscionable at the time it is written and at the time it is to be enforced. It is important that each party be independently represented by counsel and make a fair and reasonable disclosure of the value of their assets. The process encourages communication about financial responsibility and provides certainty as to future financial security.

If you are planning to get married, we will be happy to meet with you to determine how a Prenuptial Agreement will work for you. Please call our office at (860) 391-6393 to schedule a consultation with one of our attorneys.

-Tina Case, Esq.

Disclaimer: While this blog provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call one of our lawyers at (860) 391-6393. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.