Getting married is an exciting milestone filled with plans for the future. But alongside the joy, it is also important to have clear conversations about finances and what could happen if the marriage doesn’t last. While no one enters a marriage expecting divorce, planning for the unexpected can help protect both partners. A prenuptial agreement, or prenup, is a practical way to do this. It allows couples to decide in advance how their property and finances will be divided if they ever divorce. By settling these issues ahead of time, a prenup can help avoid costly and time-consuming legal battles during a divorce. It offers peace of mind and clarity, ensuring that both parties start their marriage with mutual understanding and protection. Continue reading to learn more about protecting your assets before marriage. Additionally, always consult with an experienced family law attorney prior to walking down the aisle.
Prenuptial Agreements in Connecticut
A premarital agreement (also called a “prenup”) is a legally binding contract between two people planning to marry. For a prenuptial agreement to be valid and enforceable in Connecticut, it must be in writing and signed by both parties. However, unlike most contracts, a prenup doesn’t require consideration in order to be enforceable.
Under state law, a prenup is able to include plans on how financial and personal matters will be handled during the marriage as well as in the event of divorce, separation, or death. It can include terms such as:
- Property rights: Defines each party’s ownership and responsibilities regarding property, no matter when or where it was acquired
- Control of property: Specifies how property will be managed, sold, leased, or transferred during the marriage.
- Division of assets: Determines how property will be distributed if the marriage ends or upon death
- Spousal support: State law grants parties a certain degree of authority to decide whether they want to limit spousal support or waive it entirely in a prenup. The exception is that any provision that waives alimony cannot be enforced if it would leave one spouse financially dependent on public assistance
- Estate planning: Can create plans for the creation of wills, trusts or other arrangements to execute the agreement’s term
- Life insurance: Specifies if spouse can be beneficiaries of any life insurance policies
- Retirement plans: Addresses rights of spouse as to pension or retirement benefits
- Choice of law: Identifies which state’s laws will be able to govern the agreement
A prenup is a great way to give couples the ability to clarify their financial and legal expectations before marriage, while also helping to eliminate potential legal issues in the future.
Connecticut Prenuptial Agreement Limitations
While there is a broad range of issues that can be covered by a prenup, there are still some items that cannot be included within the agreement. For instance, prenuptial agreements cannot contain any clauses that violate public policy or the law. Additionally, prenups cannot address issues related to child custody, parenting time/ visitation, or child support. Connecticut law decides child custody matters based on “best interest of the child’ standard. The best interests of a child can always change over time due to various circumstances, thus making it impossible to predetermine child custody or child support arrangements in advance. Additionally, prenups have limits as to how a couple can treat spousal support. For instance, it would not be enforceable to eliminate spousal support if the spouse would have to end up on welfare or public assistance.
Contact Merino Family Law for Prenuptial Agreement Planning
While no one enters marriage expecting it to end, a prenuptial agreement can provide peace of mind by protecting your assets and outlining financial expectations. However, to ensure your prenup is legally valid and, it must be properly drafted in accordance with state law. That’s where Merino Family Law can help. Our experienced Connecticut family law firm can help provide a legally enforceable prenup, tailored to your specific needs and situation. Contact Merino Family Law today to schedule a consultation and take the first step toward protecting your assets.