Prenuptial agreements are a pragmatic, effective way to protect each spouse's property rights and spousal support obligations in the event of divorce. Although a premarital agreement is a sensible idea in every marriage, there are certain situations where a prenuptial agreement can be especially important. For example, when spouses have children from a previous union or when one spouse owns a professional practice or other business, a prenuptial agreement will provide valuable asset protection.
If you are considering a prenuptial agreement, it is important that you work with a lawyer who understands the many nuances involved in creating these documents. Consider the Law Office of Douglas J. Wells. Based in Greenwich, I have negotiated and prepared many prenuptial agreements for many clients over the years.
Premarital Agreement Lawyer Serving Stamford And Fairfield County
Premarital agreements must comply with specific legal requirements in order to be enforceable, as follows:
- Each party voluntarily entered into the agreement
- Each party fairly disclosed his or her assets prior to signing the agreement
- Each party had the chance to consult with an attorney prior to signing the agreement
- The agreement was not unconscionable when signed, or is not unconscionable when sought to be enforced
Many important issues can be resolved by the prenuptial agreement:
Parties to a premarital agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The right of either party as a participant or participant's spouse under a retirement plan;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations.
While everyone hopes that your prenuptial agreement will never have to be enforced at a later date, you can avoid many of the stresses of divorce by working with a skilled attorney who can craft a prenuptial agreement that will protect your interests in the event of death of a spouse or divorce. With more than 25 years of legal experience in family law, I have acquired an extensive body of knowledge on this and other family law topics. I will discuss your specific needs and create an agreement that is customized to your specific needs.
Contact The Law Office Of Douglas J. Wells
Call toll free at 866-571-4797, locally at 203-987-6239 or contact me via email to schedule a consultation.