Pre-nuptial agreements are common mostly among elite circles. Wealthy business owners or heiresses, many of whom have experienced severe financial losses in previous marriages, are often advised by their business or personal attorneys to draft an agreement protecting their major assets in the event of a marriage that ultimately does not work out.
Pre-nuptial agreements are contracts, and the courts generally enforce them if they are undertaken in the appropriate manner, entered into in good faith, and do not contain clauses that are contrary to Connecticut law or public policy.
There may be some advantages to a prenuptial agreement even for the less-moneyed spouse, particularly if the amount agreed to as a settlement exceeds one’s lifetime earning capacity. On the other hand, it could be jarring to potentially find yourself left with a mere pittance of the marital estatepost-divorce because of an enforceable contract you signed years prior.
Shelton-based Hirsch Legal, LLC is an experienced Connecticut divorce and family law practice serving clients throughout New Haven and upper Fairfield County (Monroe, Trumbull, Bridgeport, Milford, Danbury, Waterbury). Our principal attorney, Carmina Hirsch, is widely recognized amongst clients and peers as an effective and ethical attorney. She can help you create a legal strategy that takes into account a prenuptial agreement entered into between you and your spouse, and will review with you the steps you took in undertaking that contract to determine whether it comports with Connecticut law and to determine your level of exposure.
Before you sign on the dotted line of a pre-nup, you should know clearly what you are forfeiting by doing so, and how you might alter the agreement to make it more balanced and fairso that it reflects mutual expectations. You will need to consider not only your own financial responsibilities and benefits, but also how the agreement may impact the needs of your children. Give us a call today!