Family Law: To Prenup Or Not To Prenup
Unfortunately, in today’s world with regard to financial matters in marriages and relationships we all too frequently see deception, information withholding and lies. I can only hope the information in this article will be helpful to you and your clients so that they too can get to the heart of the matter.
Despite the rapid evolution of cultural mores and economic circumstances, many people have emotional resistance to signing a prenup.
One tool for combating this unscrupulous aspect of human nature can be a prenuptial (prenup) agreement, since a prenup arguably calls for “full” disclosure of financial information. “Full” is in quotations marks because the courts have waffled on what constitutes full disclosure. It can be fuzzy. The bottom line is that going through the exercise of negotiating a prenup may give a client more information than they would otherwise obtain in the blush of love and romance.
In Connecticut, McHugh V. McHugh, is the seminal case on prenuptial agreements. It is important to have an experienced family lawyer advise a client about the criteria considered for whether a prenup will be enforceable upon the dissolution of a marriage based upon the relevant case law and facts.
Since every union is unique, one must consider if a prenup is advantageous to their marital relationship. A prenuptial agreement is a contract created to represent the interests of two individuals who plan to marry. The prenup should be tailored to reflect the interests and concerns of both parties. It may include the rights and responsibilities of each individual
during the marital relationship or if it ends in divorce or death.
Download the complete article, reprinted with permission from the Connecticut Law Tribune.
Dori B. Hightower is a solo practitioner in Stamford, Connecticut. Her most recent concentration has been in complex and contentious matrimonial cases. She was recently appointed to the American Bar Association Standing Committee on Law Library of Congress Advisory.