Sensible Protection Through Prenuptial and Postmarital Agreements
A prenuptial agreement is not a pessimistic prediction about your upcoming marriage. It’s a level-headed and realistic acceptance of the fact that many marriages do not last forever. It provides for the orderly and predictable division of property and income in the later event of divorce.
That being said, prenuptial and postnuptial agreements should not be entered lightly. We have seen the unfortunate results of poorly written agreements or those entered into without due diligence and informed legal advice. The experienced attorneys of Welty Esposito & Wieler, LLC can educate and advise you and make sure the agreement is properly structured to accomplish the desired results.
Why A Prenup?
Prenuptial agreements are more prevalent than ever. It is almost common practice for people entering a second or third marriage, to protect their interests and their children’s inheritance. It is also fairly common in situations where one wants to protect their future inheritances or family wealth. We also see many young professionals and entrepreneurs who (each) anticipate financial success and want to silo that wealth.
A prenuptial agreement can help to define separate assets (yours and mine) that will not be subject to equitable distribution in a Connecticut divorce and contemplate whether the parties will be waiving or pre-planning any future order of alimony. A prenup cannot, though, dictate child support or any aspect of child custody.
Why A Postnup?
Postmarital agreements are another story. They are scrutinized more heavily by the courts and it’s a different negotiation. A postnup may be a prudent move for a marriage on the rocks: Parties may be more able to focus on working out their marital issues when they have already resolved the financial consequences of staying together versus getting divorced. A postnuptial agreement may also be used to protect gifts from family, a newly formed business or other changes of circumstance since the wedding.
There are implications for both parties in these contracts and they must be drafted and explained by someone who understands the law and what can go wrong. For example, separate assets can become “commingled” with joint property if they are not specifically addressed and properly segregated. We can counsel clients on how to structure their financial relationships in conjunction with the terms of their premarital or postmarital agreement.
Let Our Experience Be Your Guide
Marital agreements can be beneficial for both parties when done right. Our attorneys are firmly grounded in divorce and family law, and we have experience enforcing as well as challenging prenuptial agreements in court. That legal acumen and litigation experience is your best protection.