Westport Prenuptial & Postnuptial Agreement Lawyers

A prenuptial agreement is a valuable tool that clarifies the rights and obligations of each party in the event of a divorce and in some cases, death of either party. Common situations in which a prenuptial agreement can have numerous benefits include the following:

  • Second marriages: A prenuptial agreement can direct that children from a previous marriage receive a share of an individual’s estate.
  • Marrying later in life: For those marrying later in life, a prenuptial agreement can protect the assets accumulated prior to marriage.
  • Family business: A prenuptial agreement can protect the assets of a family business or closely held corporation.
  • Any marriage: A prenuptial agreement can protect the assets that either party has accumulated prior to the marriage.

SHOULD I HAVE A PRENUPTIAL AGREEMENT?

Many brides and grooms in Greenwich, Stamford, Darien, New Canaan, and Westport often wonder whether or not they should enter into a Prenuptial Agreement, sometimes called a Premarital Agreement, prior to getting married. In Fairfield County, Connecticut, Prenuptial Agreements have become more common in light of factors such as the high rate of divorce and the trend toward people marrying later in life after having amassed wealth.

In general terms, a Prenuptial Agreement is a contract that two people sign prior to getting married that outlines how assets and income will be treated in the event of a divorce, and oftentimes when one spouse predeceases the other. These agreements can cover other topics as well, such as how a couple will share expenses after they are married or how a marital home will be purchased and maintained during the marriage. A Prenuptial Agreement can be as comprehensive and detailed as a particular couple wants to make it.

Under Connecticut law, specifically General Statutes Section 46b-36d(a), a Prenuptial Agreement can be used to address each party’s rights and obligations with respect to property held by the other, whether acquired before or during the marriage, and each party’s rights to buy, sell, transfer, mortgage, encumber, dispose of, or otherwise control and manage property during the marriage. Prenuptial Agreements address the disposition of property upon separation, divorce, and/or death and can be used either to establish the terms for or to eliminate spousal support in the event of a divorce.

Some Prenuptial Agreements provide for the making of a will or the creation of a trust to carry out the terms of the agreement. Parties can use a Prenuptial Agreement to provide for the ownership of life insurance policies, how the proceeds from life insurance policies will be disposed of upon a party’s death, and the rights of each party to the other party’s retirement plan. Prenuptial Agreements will also state what law will apply in enforcing or interpreting the agreement.

While the topics that can be addressed in a Prenuptial Agreement are broad, Connecticut law does provide that the right of a child to support cannot be adversely affected by a Prenuptial Agreement and that any custody or visitation arrangements contracted to in a Prenuptial Agreement are subject to review and change by a Court at the time of a divorce. In other words, while a couple can set forth child support and child custody terms in a Prenuptial Agreement, there is no guarantee that those terms would be upheld by a Court in the event of a divorce.

Prenuptial Agreements can be appropriate in a variety of situations, including second marriages, marriages in which one or both parties wants to protect his or her premarital assets, marriages in which a party has an interest (or will acquire an interest during the marriage) in a closely held business, including a family business, and marriages in which one or both parties anticipates receiving a substantial inheritance during the marriage.

Contact Us

Prenuptial agreements are governed by statute in Connecticut. Properly drafted prenuptial agreements will be upheld by the Connecticut courts; improperly drafted agreements may not be enforceable in court and could result in costly litigation. Our attorneys creatively handle a wide array of prenuptial agreements, including highly complex prenuptial agreements for high net worth individuals.

At Broder Orland Murray & DeMattie, LLC, we frequently consult with clients who have questions about whether a Prenuptial Agreement would be right for them and we have significant experience representing clients who want to best protect themselves in the drafting and negotiation of a Prenuptial Agreement.

Please contact us at 203-222-4949.

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  • Patricia Mennitt ★★★★★
    Jaime was with me every step of the way. She supported me in all of my decisions and provided with names of experts that could help me with other aspects of the divorce such as a certified divorce financial analyst.
    Both Jaime and Eric
    … More made sure I knew all of my options and the consequences of any of my choices both financially and emotionally. They neither pushed me to go to court nor discouraged me; they did provide the pros and cons.
    They treated me with respect and never talked down to me. They understood the emotional aspects of coping with a contentious divorce. Their experience working with clients similar to my ex-husband was invaluable.
    I have a child with special needs. This complicates the divorce process. Jaime has experience in the ramifications this has on divorce and helped me navigate the necessary negotiations.
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  • Teresa Rainieri ★★★★★
    Nicole DiGiose was retained for an emergency situation. Her empathy and understanding of my priorities offered sustenance to myself and my family. Nicole’s representation and knowledge defended against unjust accusations and facilitated … More a resolution within a timely manner.
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  • Rob Petersen ★★★★★
    Nicole DiGoise represented me in a case where the gap to reach a settlement was pretty wide at the beginning. There is nobody that I can recommend more highly. Nicole is highly accountable, responsive, disciplined, reasonable and compassionate. … More And Nicole knows the law. Among other things, Nicole has run three marathons. She will be with you every step of your journey. She also knows when to engage the partners (in my case Carole Orland) who provided a deep bench of legal expertise and experience I know I couldn't find anyplace else. Nicole is a David who you can put against any Goliath. If I could give Nicole DiGoise and Carole Orland six stars, I would.
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  • Amy Peterson ★★★★★
    I switched after being treated horribly by another law firm. I told Carol Orland and Chris DeMatte that I just wanted to be treated as a human being. The level of care that the team treated me with was well beyond my expectations! I … More trusted the team with strategy and they kept the negotiations on a tight time frame that was simply unachievable by others. They were the quintessential professionals, and always one step ahead. I regret not having hired the team in the first place.
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  • Ted Seides ★★★★★
    Eric and Nicole were terrific to work with, understood the issues, and got us to a conclusion. What more can you ask for?!!!
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  • Damon Rein ★★★★★
    Eric Broder proved to be an excellent attorney. He was incredibly professional, responsive, super-smart, kind and ultimately got me a good, fair divorce settlement. I could not recommend him more highly.
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  • amanda aaron ★★★★★
    Eric Broder and his firm are phenomenal. I refer clients with complicated legal issues involving custody and finances and he is able to thoroughly and thoughtfully work to accomplish clients' goals. I can't recommend him enough. … More His partner, Carole, is also fantastic; she is extremely capable and always prepared.
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    I have relied upon Eric Broder's counsel over the past several years to get me through contentious matrimonial issues. His astute legal and business advise helped me navigate difficult times. His legal strategies helped me mitigate … More complicated legal issues. He is a great lawyer and is easy to talk to. He listens closely to what you have to say. At the end of a long ordeal, I consider Eric a friend, who I can call when I need help.
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    Nicole and Carole were everything I needed them to be during a very difficult time... professional, knowledgeable, compassionate and kind. They guided me through what could have been a confusing process and made me feel comfortable and … More confident each step of the way.
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  • Jennifer Mines ★★★★★
    When I reached out to Broder & Orland, I was still in shock from my situation. Chris DeMattie was a calm and compassionate voice of reason at every turn and he expertly navigated me through a difficult 14 months. He was smart, professional, … More prompt, efficient yet thorough, and always acted with integrity. His advice was measured, fair, creative when needed, and also realistic. Yet it always felt as though I was interacting with a trusted friend or colleague. I felt heard and validated- no question was too small or unreasonable (even when probably asked multiple times- thank you for the patience!). The financial settlement Chris successfully negotiated for me let me enter the next stage of my life with security, and the peace of mind of having him in my corner throughout the divorce process was priceless.
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  • Ramy Saad ★★★★★
    I worked with Eric Broder and Nicole DiGiose on a difficult divorce after mediation failed. Both Eric and Nicole gave me great advice and helped me settle the divorce as quickly as possible. Their underlying theme of “do the right thing” … More helped in logically making decisions rather than letting emotional responses continue to make a difficult process more painful for both me and my children. I appreciate their diligence and responsiveness with my issues. I have already recommended them to other friends in the same situation.
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  • Jim Thimons ★★★★★
    I had the pleasure of working with attorney Jaime Dursht on a complex issue that required both a high level of legal expertise as well extensive communications. She was the consummate professional in all regards and demonstrated a highly … More evolved knowledge of the law as well as a commitment to excellence in the resolution of the matter. It was a pleasure working with her and the team at Broder & Orland LLC