By Attorney Frederic J. Siegel, Founding Partner
Pre-Nuptial Agreements are no longer for the super-rich, celebrities or those on their second or third marriages. Today, couples of all ages and backgrounds are considering them. Why? Because they want to protect assets and income and resolve other issues in the event of a failed marriage. They want to protect the assets each brings into the marriage and what they receive thereafter and settle alimony and other issues.
In Connecticut, it is especially important to execute a Pre-Nuptial Agreement if you are entering the marriage with substantial assets. The reason is that Connecticut is an “all-in” state. That means that in the case of a divorce, an asset can be awarded to a spouse, regardless of who has title to it. A properly done Pre-Nup will negate a Court’s ability to award specific assets one partner does not want to share with the other. Pre-Nups can also address assets one partner receives after the marriage. One thing to remember, though, is that Pre-Nups generally do not address child custody and child support.
Couples considering a Pre-Nuptial Agreement should begin the process well before the marriage so the document can be executed about a month before the wedding. Having an experienced matrimonial lawyer on both sides is also imperative to enhance the chance of the agreement being enforceable. A benefit of having it signed a month before the wedding is that the parties can return to enjoying the beginning of their lives together.
There is no such thing as an iron-clad Pre-Nup. However, to make it more likely to be enforceable, here are some tips:
- Each partner should have their own lawyer
- Each party must provide complete and full financial disclosure
- The agreement must be fair and equitable and not unconscionable
- There cannot be any sign of duress.
Courts enforce these agreements to hold people to the contracts they sign, and these steps can shorten the time the Court needs to spend adjudicating the divorce case.
If you have substantial assets as you enter a marriage and/or expect to receive a substantial inheritance in the future, a Pre-Nup is something to consider. Negotiating this kind of agreement can be stressful because, essentially, you are negotiating the terms of your divorce. However, each party must recognize that divorce is somewhat common these days, so it is perfectly reasonable for each partner to protect themselves, no matter their circumstances.
Are you interested in learning more about Pre-Nups? Contact Attorney Siegel at (203) 326-3333 or by email
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Attorney Frederic J. Siegel is a founding member of the family law firm Siegel, Colin & Kaufman. Fred often represents high-profile individuals in the sports, entertainment, finance, medical, legal, and business fields in divorce and other family law matters. He is a Fellow of both the American Academy of Matrimonial Lawyers (past President of the Connecticut chapter) and is Vice President of the USA Chapter of the International Academy of Family Lawyers.
Attorney Siegel devotes his practice exclusively to family and matrimonial law. He helps his clients resolve their conflicts and reach agreements regarding all issues associated with divorce, including child custody and support, property division, alimony, and more.