The Sol Mahoney Law Firm
Pre-Nup & Post-Nup
Prenuptial and postnuptial agreements provide financial security and the outline of assets throughout a marriage. Whether you want to protect a business or make sure you have financial security in case the marriage ends, deciding if a prenuptial or postnuptial agreement is right for you is a discussion you should have with an experienced Family Law attorney.
A prenuptial agreement, also known as premarital or antenuptial is a legally binding contract between two people that are planning to get married. Through a prenup, spouses can enter into various agreements about property and income, such as how their separate property will be treated during marriage and in the event of a divorce. Even though separate property generally remains separate property after a divorce, for some with very sizable estates or those going into a second marriage, it’s important to be specific. Couples can also make decisions about how their joint or marital property, assets, and income will be treated during the marriage and in the event of a divorce. Additionally, many prenuptial agreements address limitations on future spousal support if a divorce is proceeding. However, prenuptial contracts must meet their own unique and very stringent set of requirements in order to be considered valid. Assuming there is complete financial disclosure and the prenuptial agreement does not violate any statute or public policy, the court's main focus will be comparing the circumstances of the parties at the time of the execution with the parties' financial condition at the time of the divorce. This factor has generated the most significant amount of controversy. If you are planning on entering into a prenuptial agreement with your fiancé, Sol can guide you and your future spouse through the process so that you can understand how the agreement will affect your rights.
Postnuptial agreements are similar to prenuptial agreements, but are arranged when the couple is already married. There are many reason to consider a postnuptial agreement. Life circumstances change as does income, inheritance, business ownership, and so on. The conditions for making a valid postnuptial agreement are the same as prenuptial ones. Connecticut was one of the most recent states to decide in favor of allowing postnuptial agreements. As with any contract, the details remain very important to proper execution and validity in the court's eyes. Sol can walk you through such a contract to keep it seamless.
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