Prenuptial Agreements

What is a Prenuptial Agreement?

• A Prenuptial Agreement is a written contract entered into by a couple before marriage that specifies how their assets, debts, and spousal support will be handled in the event of divorce. 

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• ​From a legal standpoint, Prenuptial Agreements are regarded as useful, practical, and responsible.  Contrary to the stigma historically attached to these contracts, prenuptial agreements promote open and honest discussions about finances, income, and liabilities between soon-to-be married couples.   A Prenuptial Agreement is NOT an adversarial document.  Rather, it should be viewed as a "future planning" document that enables couples to safeguard their respective interests and guide their future separation agreement should their marriage end.​

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What can a Prenuptial Agreement in Connecticut address?

•       Property rights: 

  • It can specify the rights and obligations of each party concerning any property, regardless of when or where it was acquired.

•      Management and control:

  • It can outline who has the right to transfer, manage, and control property during the marriage.

•      Disposition of property:

  • ​It can detail how property will be divided in the event of a legal separation, divorce, death, or other specified events.

•      Spousal support:

  • It can determine the terms of spousal support in the case of a legal separation or divorce.

•      Estate planning:

  • It can create provisions for wills, trusts or other mechanisms to execute the agreement's terms.

•      Life insurance:

  • It can define ownership rights to death benefits from life insurance policies.

•      Retirement plans:

  • It can address the right to participate in a spouse's retirement plan.​​

 

Limitations of a Prenuptial Agreement?

• ​A Prenuptial Agreement cannot address child custody and child support.

• A Prenuptial Agreement cannot deny or limit spousal support that may leave one spouse reliant on public assistance.  ​​

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Why should a couple consider Prenuptial Agreement Mediation?

• How a Prenuptial Agreement is drafted has a direct impact on its validity in court should the marriage end.  The creation of a Prenuptial Agreement can certainty be accomplished through skillful mediation.  Mediation encourages open, honest and transparent discussions between soon-to-be married couples and puts an emphasis on the virtues of such agreements, not the stigmas.  As a skilled neutral mediator, Bobby helps couples formulate solutions and equip them with the information needed to help resolve disagreement.  Ultimately mediation helps the parties craft an agreement that is enforceable under Connecticut Law by ensuring that neither party is pressured into signing the agreement; that the agreement is not grossly unfair or detrimental to one party; and that both parties have entered into the agreement with full & adequate knowledge of the other's financial situation.​