Important Considerations When Drafting a Prenuptial Agreement

by | Oct 4, 2013 | Lawyers & Law Firms

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In a society where the possibility of divorces is high, a prenuptial agreement is not an option. No one gets into marriage with the pretext that he/she will divorce a mate. It is just that a series of irreconcilable differences rock the marriage and then you are left with no option but to separate. All the same, these agreements are necessary. They help chart the way forward on how to split asset ownership after a divorce or separation. It is not only the married couples who enter into prenuptial agreements but also the engaged couples do make such arrangements. A prenuptial agreement Connecticut attorney can guide you on how to prepare one.

The following considerations should come into play:

  • Inheritance: The prenuptial agreement should address the important questions on inheritance. In the unfortunate incident where both parents die, it is the children who are left suffering. An attorney can assist you choose a beneficiary who will hold all of your assets in trust. Once your children attain the legal age of maturity, full ownership of the property passes to them.
  • Fate of children: When one of the parents dies the remaining spouse can decide to remarry. The same scenario can take place but this time following a divorce. What will happen to the children? In the event of death and remarriage, your agreement should stipulate how your money, property and other assets can be used for the children’s benefit.
  • Protection of business interests: A divorce affects not only the children but also state of family businesses. If you are getting married to a wife who runs a family business, she can use a prenuptial agreement to protect the interests of the business. In return, your wife to be can offer something else in exchange. Prenuptial agreements should be drafted with fairness to both parties. Otherwise, they too could become sources of conflict.
  • Parental protection: This is also an important aspect. Assuming that you have sick parents who are in need of continuous care, you can protect them in a prenuptial agreement. You could stipulate in the agreement that your parents will continue living with you in order to continue receiving medical care. The same agreement can also stipulate that both of you continue paying for medical and elderly care. Your parents will not live in the matrimonial home but both you and your mate pay for the costs incurred at the nursing care facility.

Owing to the complicated nature of these agreements, it pays to seek direction from prenuptial agreement Connecticut lawyers who can help you maneuver out of legal obstacles that you may not foresee. Such hindrances rear their face soon after both of you have parted ways. You do not want a scenario where one party benefits at the expense of the other.

A prenuptial agreement helps couples take care of the possibility of problems that occur later in marriage. The agreement helps you come up with solutions well in advance. For further details visit

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