A prenuptial agreement needs to be prepared before you are married, and often takes several weeks to several months to negotiate and prepare. I can help you determine if this would be a benefit to you.
A prenuptial agreement, also called a premarital agreement, is a contract between you and your future spouse in contemplation of your marriage that sets forth the rules you would like to have govern in the event of the death of one or both of you or upon divorce, legal separation or annulment of your marriage.
There are many reasons that people want a prenuptial agreement including:
- to provide for children from a prior marriage
- retain control of a family business
- keep inherited property separate
- define what will happen to certain assets on the death of one or both persons
- determine what asset division and support rules will apply instead of allowing a judge to apply Connecticut statutes, or
- allocate family expenses and resources
Because each situation is different, every premarital agreement is tailored to each couple’s particular situation. Nevertheless, to create an enforceable prenuptial agreement in Connecticut, our legislature has provided that a premarital agreement must have the following elements:
- signed voluntarily
- full and fair financial disclosure of assets, financial obligations and income
- opportunity of each person to consult with independent legal counsel
- created in contemplation of marriage (before the marriage), and
- not be unconscionable when signed or when enforced
In Connecticut, prenuptial agreements signed after October 1, 1995 are governed by Connecticut General Statute sections 46b-36a et seq. Those signed before October 1, 1995 are governed by case law.
See Legal Terms for definitions.