Thinking of a Pre-Nuptial Agreement? 5 Must Do’s.

Prenuptial agreements are enforceable under Connecticut Law. https://www.cga.ct.gov/current/pub/chap_815e.htm#sec_46b-36a.  Here are some tips to ensure that your prenuptial agreement is done in a timely fashion and has all the elements you believe you need to protect your assets and income or not be bullied into entering into an unfair agreement:

1. Do it in advance.  Preferably, the agreement should be signed at least 3 months in advance of announcing your engagement or sending out wedding invitations.  This way, the stress of negotiating a pre-nuptial agreement does not interfere with your wedding planning or create a coercive environment.

2. Be transparent in your financial disclosure.  A prenuptial agreement may not be enforceable if both parties are not knowingly entering into the agreement with all the facts.

3. Retain an experienced attorney.  A prenuptial agreement will likely be the most important legal document you ever sign.  You are essentially signing a document now which will dictate your and your children’s financial future.  A lot of thought, planning and strategy is essential.  Retaining a Connecticut attorney familiar with expertise in prenuptial documents and divorce matters is a necessary investment in the process.

4. Include a provision for death as well as divorce.  Particularly where the parties to the agreement are entering into a second marriage and have children from their first marriages, it is wise to include in your agreement what happens to your marital estate if one party predeceases the other in order to provide for and protect your children from prior relationships.

5. Understand Connecticut law before signing.   It’s vital that you understand the laws designed to protect divorced spouses and widows before signing a document giving up any statutory rights.  Retain an attorney to explain the law to you before you negotiate.