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How does a prenuptial agreement affect a Connecticut divorce?

On Behalf of | Sep 15, 2023 | Prenuptial Agreement |

There was a time not long ago when social attitudes toward prenuptial agreements were quite negative. People would assume that those who demanded a contract signed by their fiancé during an engagement did not have an intention to remain with them for life.

In recent decades, attitudes about prenuptial and postnuptial agreements have changed significantly. With the relatively high divorce rate that has held steady for so long in the United States, many people view prenuptial agreements as a reasonable means of protecting their interests, in addition to a reasonable way to help ensure that they enter their marriage with a clear set of expectations and boundaries.

Yet, even those who may have taken the time to sign a marital contract with their spouse may still feel a bit confused about what role it will serve should they file for divorce.

Prenups can speed up and simplify divorce proceedings

Modern prenuptial agreements discuss the expectations of both spouses in the event of a divorce. The agreement might outline how they will handle issues like spousal support or alimony and will also typically talk about property division. Some prenuptial agreements specifically set aside personal resources as separate property. Someone who already owns a house or a business when they get engaged might use a prenuptial agreement to protect those resources, for example. A prenuptial agreement can also discuss the specific way that spouses will divide marital assets and income in the event of a divorce.

Given that Connecticut utilizes a rule requiring the equitable division of marital property, it can be very difficult for people to accurately predict what they can retain after a divorce. A prenuptial agreement can help people understand exactly how they should divide their assets, and it gives them the power to enforce a prior agreement through the courts if necessary. They can then potentially file an uncontested divorce which will require far less time in court and will therefore cost less as well in most cases.

If there are disputes about a prenuptial agreement, then it could lead to divorce litigation. One spouse might ask the courts to set aside the agreement because they believe it is unconscionable due to the concessions they made. Although litigation is possible if there is a disagreement about the legality of the prenuptial agreement or how to apply the terms within it to the marital estate, most divorcing couples with a prenuptial agreement can anticipate a less stressful and more amicable divorce process.

Reviewing the terms of a prenuptial agreement is often be a good starting point for those who have signed a marital contract and who find themselves contemplating divorce in Connecticut.