Westport Prenuptial Agreement Lawyer
When two people enter a marriage, they become one legal unit. This legal relationship has many lasting effects on both spouses’ separate and joint finances. If a married couple divorces, their assets are divided according to state law, or according to an out-of-court agreement. Because there are many complicated financial issues that can arise during a divorce, it is wise to consider signing a prenuptial agreement.
A prenuptial agreement, signed by two people considering marriage, dictates how their property would be divided in the event of a divorce. A Westport prenuptial agreement lawyer can help you decide whether this kind of agreement would be beneficial in your situation.
A skilled family law attorney can be essential help in the proceedings before a marriage. It may be unpleasant to think what will happen to assets during a divorce, but this is an important topic to consider.
Motivation for a Prenuptial Agreement
Creating a prenuptial agreement does not mean that one partner thinks their future marriage will fail. These agreements are merely a legal tool designed to protect both spouses’ financial interests.
If someone is considering a prenuptial agreement, they should ask themselves the following questions:
- Do they own a profitable business?
- Do they or their spouse have considerable debt?
- Are there family heirlooms they want to maintain as separate property?
- If they divorce, do they want to pay/receive spousal support?
By consulting with a Westport prenuptial agreement attorney, they can decide on the answers to these important questions. If their marriage does end in divorce or legal separation, these issues will have already been resolved.
A prenuptial agreement allows partners to resolve potential future disputes now, rather than trying to settle issues amid an emotionally charged divorce case.
Prenuptial vs. Postnuptial Agreements
The main difference between prenuptial and postnuptial agreements is when they are executed. A prenuptial agreement is between two people intending to be married and is executed before the marriage takes place. A postnuptial agreement is between two married spouses.
Both types of agreements allow spouses to protect their individual financial futures if the marriage ends in divorce. Prenuptials and post-nuptials allow spouses to make important decisions if they decide to dissolve their marriage in the future.
Enforcing and Challenging Agreements
Prenuptial agreements are contracts and are generally legally enforceable. However, to be enforceable, these agreements must be valid and properly written often with the help of a Westport prenuptial agreement lawyer.
Prenuptial agreements are not enforceable if:
- Both parties did not execute the agreement voluntarily
- The agreement was unconscionable when executed or enforced
- One or both parties failed to provide a fair and reasonable financial disclosure
- One party was not given the chance to consult with a lawyer before signing the agreement
Contact an Agreement Attorney
Other legal requirements may be necessary during an enforcement case. Enforcing or challenging a prenuptial agreement can lead to litigation. If you need to settle a prenuptial dispute, you need to retain the help of a prenuptial agreement lawyer in Westport today.
If you want to learn more about how a prenuptial agreement can protect you, contact a Westport prenuptial agreement attorney today. Skilled lawyers can guide you through the process so you can protect yourself and your finances for the future.