Cheshire Prenuptial Agreement Lawyer
Prenuptial agreements can make all the difference in a future divorce case. While discussing prenuptial agreements can be difficult with a partner, the possible consequences of not having one if undergoing a divorce can be devastating. It can be easy to automatically assign negative feelings about a prenuptial agreement.
However, if the conversation is framed to show how the prenuptial agreement can protect both parties it can be an easier situation to accept. Whether you want a prenuptial agreement or have been given one by your partner, speak to a Cheshire prenuptial agreement lawyer first to review the agreement. A qualified family law attorney can present your part of your case on your behalf.
Prenuptial Agreement Advantages
Engaged couples can find common ground in a prenuptial agreement that provides benefits for both parties. This can mean safeguarding family assets or business income, outlining spousal support procedures and amounts, deciding how the property will be allocated in a divorce or separating debts that belong to one person. For more questions about this, people should reach out to a Cheshire prenuptial agreement lawyer.
What Constitutes a Prenuptial Agreement?
All Connecticut prenuptial agreements must be signed by both parties with the terms in writing. The law also clearly outlines what can be included in a prenuptial agreement, these are:
- Modifying or ending spousal support
- Creating this agreement in place of a will or trust
- Who will be a beneficiary for life insurance policies
- Whether a spouse has rights to the other’s pension
- How property will be split up
- What duties and rights either side has to property
- Authority to buy, sell, transfer, use or exchange property
- The state law that applies to the agreement
- Any other marital issues
The law also eliminates the possibility of including terms that impact children. For example, having a clause that would arrange custody, visitation or child support is not allowed. It is also not allowed to create agreements that would violate public policy (ex. Child related agreements) or are illegal.
Enforcing a Prenuptial Agreement
All prenuptial agreements may be terminated or modified as long as the changes are also in writing and signed by both parties. However, if enforcing a prenuptial agreement would place one spouse in poverty (generally the person who would otherwise receive alimony) a court will either change the agreement or not enforce the agreement altogether.
A court may refuse to enforce a prenuptial agreement if it was involuntary or unconscionable (unconscionable either when it was created or when it will be put into place). Involuntary means that one person was forced to sign the agreement through threats or physical abuse.
Each person must have also had an opportunity to speak with and consult with a Cheshire prenuptial agreement lawyer. Having your own lawyer decreases the chances that you are being manipulated or losing substantial rights you would have under divorce law.
How a Cheshire Prenuptial Agreement Attorney Can Help
If you believe you need a prenuptial agreement prior to getting married you should give your future spouse an adequate amount of warning and time to sign the document. This is why it is important to speak to a lawyer as soon as you can.
If you are being asked to sign a prenuptial agreement, you will want to hire your own Cheshire prenuptial agreement lawyer that can both advise you and negotiate on your behalf to get you the best agreement possible.
Alternatively, if you already have a prenuptial agreement but are considering divorce you should speak with a lawyer to find out if the agreement would be likely to be upheld in court and if it is how it will affect you.