Attorney with Experience Handling Hartford Marital Agreements
Learning about prenuptial and postnuptial agreements in Connecticut
We at Carlo Forzani LLC offer clients full-service negotiation, drafting and validation of marital agreements. Most marital agreements are legal contracts designed primarily to protect the personal assets belonging each spouse prior to the marriage. However, marital agreements can also determine how subsequent family and financial issues will be dealt with in the case of a divorce or the death of a spouse.
Our lawyer is fully equipped to draft these documents for all types of couples. However, we have particular experience dealing with highly complex prenuptial and postnuptial agreements for business owners and other individuals and couples with a high net worth.
A prenuptial agreement — also known as a premarital agreement — is a contract both parties sign before they marry. This document identifies each soon-so-be spouse’s individual assets and debts, and can also provide directives for how the couple will operate financially. Some of the issues a prenuptial agreement may cover include the following:
- The use and ownership of joint credit, savings and checking accounts
- Filing tax returns
- Entitlement to spousal support or alimony in the case of divorce
- Ownership of business entities
- Entitlement to inheritance, life insurance and retirement benefits
- Other lifestyle arrangements
Who needs a prenuptial agreement in Connecticut and what are the requirements?
Not all couples need to sign a prenup before getting married — and prenups are not only for the wealthy. In fact, when any of the following conditions are true for you or your soon-to-be spouse, it’s in each of your best interests to meet with your own attorney to discuss the benefits of a prenuptial agreement:
- You have been married before, particularly if you pay or receive alimony.
- You have children from a previous relationship.
- You own substantial property.
- You own or are going to inherit a business.
- You have income over $100,000 annually, or there is a large disparity in both of your incomes.
The requirements and restrictions of Connecticut premarital agreements include the following:
- Both spouses must agree to enter into the contract.
- Both spouses must honestly disclose their full financial details.
- The agreement may not violate public policy, particularly in regards to spousal and parental duty.
- The agreement may not create an economic incentive to divorce.
Postnuptial agreements address the same issues prenuptial agreements address, but they are executed once the spouses are already married. Most couples seek our help with a postnuptial agreement because they did not sign a prenup and their circumstances have shifted so that any of the following conditions is now true:
- Their financial standing is more or less stable than it was when they married.
- They disagree over their finances, debts or net worth.
- They are starting a joint business venture.
Challenging a marital agreement
Prenuptial and postnuptial contracts can be revoked with written consent from each spouse. However, there are certain situations in which a marital agreement may not be valid, and can therefore be challenged with the help of a divorce lawyer:
- If one spouse was coerced into signing the agreement, particularly if he or she was denied consultation with a personal attorney
- If one spouse intentionally misreported his or her net worth, property ownership, financial obligations, income or other economic details
- If the contract is deemed unconscionable, either when it was executed or in its enforcement
The process of challenging a prenuptial or postnuptial agreement is similar to seeking post divorce modifications in that it is essential to seek help from an attorney who can represent your personal and financial interests.
Protect your financial future with a marital agreement in Hartford, CT
With more than 37 years in practice, our attorney at Carlo Forzani LLC knows how to advocate for clients entering into prenuptial and postnuptial agreements. To learn more about our services, call our Litchfield, Connecticut law firm at 860-841-5808 or contact us online.