Premarital (prenuptial) agreements are when the spouses-to-be agree prior to their marriage on financial and related arrangements upon divorce or the death of a spouse.
Premarital agreements are not only advisable for the rich and famous but may make the most sense for those who are entering a second marriage, own a family business, have assets to protect, or are a beneficiary of trusts or inheritances. The agreement must be signed by both parties voluntarily. Both spouses must have the opportunity to have an independent lawyer to review the agreement, and the couple must provide each other fair and reasonable financial disclosure. To strengthen the effectiveness and enforceability of a premarital agreement, couples should begin the discussion and work involved well in advance of the wedding date. Last minute premarital agreements are not advisable.
Postmarital (Postnuptial) agreements are becoming increasingly common when spouses are uncertain about the future of their marriage and want specific legal understandings regarding their financial arrangements during the marriage and in the event of the parties’ divorce or a spouse passes away.
At the time of dissolution, issues may arise concerning the enforcement, invalidation or defense of a Premarital or Postmarital agreement, particularly if Connecticut Statutory and case law requirements are not complied with at the time of entering the agreement.