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  • Writer's pictureRobyn Mann

What are Prenups in Connecticut? Protecting Your Future Before "I Do"

A prenuptial agreement with wedding rings

The word "prenup" (or "prenuptial agreement") might bring feelings of awkwardness or distrust. However, in Connecticut, prenups are becoming increasingly common. These contracts provide a smart way to protect your assets and make sure everyone's on the same page in the unfortunate event of a divorce.

What is a Prenup, and Why Do I Need One?

A prenup is a legal agreement created by a couple before they get married. It outlines how assets, debts, and property will be divided in the case of a divorce or death.

Here's why you might want a prenup in Connecticut:

  • Protection of separate property: If you own a business, have significant assets, or expect potential inheritance.

  • Debt protection:  A prenup helps ensure you're not held liable for your partner's pre-marriage debts.

  • Spousal support: You can outline or waive your right to spousal support (alimony) ahead of time.

  • Clarity and peace of mind: A prenup can remove financial uncertainties if things get complicated later.

What Can (and Can't) Be Included in a Connecticut Prenup

  • Property division: Designate what's considered separate property vs. marital property.

  • Ownership of businesses: Outline how a business owned by one spouse will be handled.

  • Debt allocation: Specify who's responsible for which debts.

  • Spousal support: Set terms for alimony or waive rights to it.

Things a prenup CAN'T address:

  • Child support: Connecticut courts always have the final say in child support matters.

  • Child custody: Custody decisions are always made based on the child's best interests.

  • Illegal or immoral provisions: A prenup can't include terms contrary to public policy.

Making Your Prenup Enforceable in Connecticut

For your prenup to hold up in court, there are some critical factors:

  • Fairness: It needs to be fair to both parties at the time of signing and at the time of potential divorce.

  • Voluntary agreement: No one can be pressured or coerced into signing.

  • Full disclosure: Both parties must have full and honest disclosure of their finances.

  • Independent legal counsel: It's strongly advised that each party has their own lawyer review the prenup.

Prenups: Not Just for the Wealthy

Prenups aren't only for those with significant assets. They're a smart financial planning tool for many couples, especially in these situations:

  • Second marriages:  They protect any assets or children from a prior marriage.

  • Business owners: Secure your business interests.

  • Significant income disparity: Protect the financial security of both partners.

The Bottom Line

While they may feel uncomfortable to discuss, prenups can provide peace of mind and protection. If you're considering a prenup in Connecticut, consult an experienced family law attorney to ensure it's fair, enforceable, and protects your interests.

Let me know if you would like me to expand on any particular points or provide additional information!

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