Serving New Haven and Fairfield Counties

Importance of Having Independent Legal Counsel when Drafting a Prenuptial Agreement in Shelton CT

Recognizing that divorce plagues approximately half of all marriages, many individuals take the prudent path of creating a prenuptial agreement in Shelton Connecticut.  Many couples take this route in order to protect their current and future assets and income.  A prenuptial agreement in Shelton Connecticut can help couples avoid default rules applying re their property, income, or any other aspect of the marital estate.  However, to receive the most fair agreement, both parties should have independent legal counsel.

Voluntary

Connecticut’s requires that all prenuptial agreements be entered into in a voluntary manner.  This is usually easier to establish when both parties have their own attorney.

Full Disclosure

If a party chooses not to retain an attorney, the other party’s attorney must provide a full disclosure to the unrepresented party in order for the agreement to be enforceable later.  This requires a detailed description of the nature of the agreement and the rights that the party is agreeing to relinquish by entering into the agreement, in addition to the full disclosure of the property being contemplated in the prenuptial agreement.  If this disclosure is found to be incomplete or if the unrepresented party was not proficient in the language the agreement was drafted, the entire agreement may be found to be unenforceable.

Advocacy

Another reason why it is important for both parties to have their own legal counsel is because an attorney acts on behalf of his or her client.  He or she can explain the party’s rights and the pros and cons of proposed language in the prenuptial agreement.  When only one party is represented, the other party does not receive the benefit of someone looking solely after his or her interests.

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