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Berchem Moses PC
  • Milford 203-783-1200
  • westport 203-227-9545

Prenup first, but if not, try these things

When two people are planning a marriage, and one or both holds significant assets, it is fairly routine for them to get a prenuptial agreement. They sit down with their Connecticut family law attorney and go over which real estate, cars, funds, accounts, etc., belong to whom and should be kept separate in the case of divorce.

That's the ideal situation. But in some situations, a prenuptial cannot be created for one reason or another. In those cases, other steps can be taken to protect your property.

Let's say your spouse-to-be is uncomfortable with a prenuptial agreement and you opt not to press the issue. OK, what next? In case of divorce, you want to protect the property you have acquired prior to your marriage, but how to do that?

Time magazine has some suggestions, including the following:

  • Don't commingle: don't take that the wrong way. The two of you should romp together as often as you like, but commingling of an account you have prior to marriage with funds you acquire after marriage can, in many cases, be a sign to a divorce court that you consider the funds to be one and the same. So keep those funds separate during marriage if you hope to keep them separate during divorce.
  • Keep real estate separate, too: there are many people who own a house before they get married. If you want to retain sole ownership in the event of a divorce, do not put your spouse's name on the deed. No matter how nice of a gesture it might appear to be, it can cause difficult untangling problems later, should a need arise.

Speak to your Connecticut family law attorney about other available options, including those in family law and estate planning.

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Berchem Moses PC
75 Broad Street
Milford, CT 06460
Phone: 203-783-1200
Fax: 203-878-2235
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Berchem Moses PC
1221 Post Road East
Westport, CT 06880
Phone: 203-227-9545
Fax: 203-226-1641
Westport Law Office Map