Madison Prenuptial Agreement Lawyer
Prenuptial agreements have become an exceedingly popular and important tool for couples that are planning to marry. Whether two individuals are getting married for the first time or deciding to remarry, a prenuptial agreement can help ensure each party’s assets are protected in the future.
If you are considering entering into a prenuptial agreement with your significant other, a Madison prenuptial agreement lawyer could further explain how such an agreement may be able to safeguard your finances and property in case of separation. Speak with a skilled family law attorney that could help you protect your interests. En Español.
What is a Prenuptial Agreement?
A prenuptial agreement, or premarital agreement, is a legally binding contract that two prospective spouses may enter into prior to marriage. These agreements will typically address how the couple’s real property, personal property, and financial income will be distributed in case of divorce or separation.
Aside from providing a couple with peace of mind, prenuptial agreements in Madison are typically used:
- To designate each individual’s property
- To dictate what will happen in case of separation
- As a means of avoiding disagreements regarding money or property
- As an estate planning tool
Benefits of Entering into a Prenuptial Agreement
There are a number of different reasons why prenuptial agreements can be attractive to individuals who are planning to marry. Couples with extremely diverse or significant assets often seek to enter into a prenuptial agreement for purposes of safeguarding these assets. For future spouses who have children from a previous relationship, prenuptial agreements can also be helpful in ensuring that each child’s inheritance is protected in case the marriage ends.
Prenuptial agreements are often particularly appealing to couples that have been married previously, as the agreements can provide the parties with an extra sense of security for their individual estates. For anyone forced to undergo costly divorce proceedings in the past, such an agreement may help to prevent expensive litigation from occurring again if the couple decides to divorce in the future.
Creating a Prenuptial Agreement
While prenuptial agreements are enforceable in the state of Connecticut, certain conditions must be met in order for the agreement to be recognized by a judge. In accordance with Connecticut’s Premarital Agreement Act, Sec. 46b-36g, in order for a prenuptial agreement to be legally binding in a Madison court, the agreement must be entered into voluntarily.
In addition, the agreement may not in any way be unconscionable or the product of coercion. Prior to signing the agreement, each prospective spouse must have provided the other with a fair and accurate disclosure of his or her property, financial obligations, and income.
Finally, each future spouse must have the opportunity to seek independent legal advice prior to the agreement’s execution. This factor is particularly important since it usually helps to ensure the agreement is fair to each party. An attorney who provides legal advice to both individuals may not be able to address any conflicting interests between the parties.
How a Madison Prenuptial Agreement Lawyer Can Help
Whether you need assistance drafting a prenuptial agreement or would like to have a previously drafted prenuptial agreement reviewed, a Madison prenuptial agreement lawyer could work to ensure your agreement is properly drafted and ultimately enforceable in a Madison court.
To learn more about how a prenuptial agreement attorney in Madison could help you protect your assets in case of separation or divorce, call today.