Prenuptial And Postnuptial Agreements

Siegel & Kaufman, P.C., is a boutique law firm that handles a wide array of matters involving varying degrees of financial sophistication, including high net worth clients. One of our areas of interest is prenuptial agreements and postnuptial agreements. Our team of sophisticated attorneys is highly skilled at preparing thorough and thoughtful agreements that protect everyone's interests.

What Are Prenuptial And Postnuptial Agreements?

Prenuptial and postnuptial marital agreements are written documents agreed to by spouses that lay out their financial responsibilities to each other during the marriage and should the marriage end in divorce. A prenuptial agreement is created before the parties get married. A postnuptial agreement is created after they have gotten married. Marital agreements discuss:

  • Alimony
  • Property and asset distribution and ownership

Connecticut law recognizes and enforces prenuptial and postnuptial agreements as long as they are prepared in accordance with specific protocols. It is essential to work with an experienced family law attorney who understands the law in Connecticut when drafting your marital agreement. Our firm is prepared to offer seasoned advice and ironclad documents to offer the protection you need.

What Factors Must Be Taken In Consideration When Creating A Prenuptial Agreement?

Connecticut law allows prenuptial agreements to discuss all of the following items:

  • The spouses' rights and obligations concerning any property owned currently or in the future by either or both of them
  • Their rights to buy, sell, use, lease, mortgage, assign or otherwise manage, control or dispose of property
  • The disposition of property upon separation, divorce, death or the occurrence or nonoccurrence of any other event
  • The modification or elimination of spousal support
  • The creation of a will, trust or other arrangement to carry out the agreement
  • The ownership rights in, and disposition of, a life insurance policy death benefit
  • Their rights under a retirement plan
  • The choice of which state or other jurisdiction's law governs the interpretation of the agreement
  • The payment of attorneys' fees in the event of dissolution of the marriage
  • Many other matters, including personal rights and obligations

The agreement cannot affect child support and cannot address custody or visitation. If the agreement eliminates spousal support (alimony), a court can still order this if the spouse who could receive it is eligible for public assistance at the time of divorce. The court can also decide that an agreement is unconscionable and throw it out.

Prenuptial agreements are highly technical documents; when you are dealing with large assets, high income or high-profile situations, it is essential that your agreement include all the key language and protections you need. Our firm has the experience and mindset required to produce an agreement that protects you with appropriate counsel, disclosures and transparency.

Is A Prenuptial Agreement Important?

Prenuptial agreements are important so that both spouses can be clear about their financial responsibilities to each other during and after marriage. Prenuptial agreements offer both spouses a level of protection and certainty and prevent expensive litigation should a divorce occur. If there are children from previous relationships, their financial security is protected with a "prenup." The agreement also protects spouses from each other's debt load. A prenup is essential when there is a business involved, since litigation over ownership could disrupt and destabilize the business. Our attorneys come from a wealth of varying backgrounds, which enables them to offer solid legal advice for any situation you are in. We are known for drafting marital agreements that are sensible and enforceable.

Can A Prenuptial Agreement Be Modified?

A prenuptial agreement can be modified or revoked by the spouses if they both agree to do so in writing. This can occur at any point in time. When you are seeking assistance with divorce modifications or modification of a prenuptial agreement, our firm is prepared to guide you through the process, keeping you fully informed and abreast of all possibilities and developments in your case through our client-centered process.

Schedule A Consultation About Prenuptial Or Postnuptial Agreements Today

The attorneys at Siegel & Kaufman, P.C., are recognized as leaders in the field of marital agreements and are ready to work with you on your high net worth case. Contact our office at 203-326-5145 or use our online contact form. Our office is conveniently located in the Soundview Plaza at exit 9 off the 95.