Connecticut Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage: When going through a proceeding for annulment of a marriage in Connecticut, it is crucial to address various matters related to the division or restoration of property. To ensure a comprehensive agreement, the checklist below outlines key considerations that should be taken into account during the drafting process: 1. Identification of All Assets and Debts: Compile a detailed list of all assets and liabilities owned individually or jointly by both spouses, encompassing real estate, bank accounts, investments, vehicles, personal property, debts, and mortgages. 2. Property Classification: Determine which assets are marital property (acquired during the marriage) and which are separate property (owned prior to the marriage or received through inheritance or gift). This classification significantly affects the division of property. 3. Valuation of Assets: Obtain accurate appraisals or assessments for all substantial assets such as homes, cars, businesses, investments, and other valuable items to establish their current market value. 4. Asset Distribution: Decide how marital assets should be divided, ensuring fairness and equity. This involves determining the percentage or monetary value each party should receive based on numerous factors, including the length of the marriage, the contributions of each spouse, and future financial liabilities. 5. Division of Marital Home: If the couple owns a marital home, consider whether one spouse would retain ownership, require a buyout, or if the property should be sold, with the proceeds divided accordingly. 6. Alimony/Spousal Support: Discuss and include provisions for any potential alimony or spousal support payments, considering factors like income disparity, earning potential, financial needs, and the duration of the marriage. 7. Child Custody and Support: If children are involved, determine custody arrangements and develop a comprehensive parenting plan that includes visitation schedules, decision-making authority, and child support obligations as per Connecticut state guidelines. 8. Retirement Accounts and Pensions: Plan for the division or preservation of retirement accounts, pensions, and other similar assets, adhering to Connecticut's equitable distribution principles. 9. Insurance and Medical Coverage: Address the continuation of health insurance coverage for both spouses and any children, including who will be responsible for paying the premiums. 10. Tax Considerations: Assess the potential tax implications associated with the division of assets, alimony payments, and dependency exemptions, consulting with tax professionals to navigate these matters effectively. Alternate Types of Connecticut Checklists for Division or Restoration of Property in Connection with an Annulment of a Marriage: 1. Connecticut Checklist of Matters to be Considered in Drafting an Agreement for Division of Property — Uncontested Annulment: This checklist focuses on property division when both spouses mutually agree on the annulment and its terms. 2. Connecticut Checklist of Matters to be Considered in Drafting an Agreement for Restoration of Property — Contested Annulment: This checklist addresses property restoration when an annulment is contested, requiring additional considerations and potential negotiations or court involvement. 3. Connecticut Checklist of Matters to be Considered in Drafting an Agreement for Division of Property — Nullity of Marriage: This checklist pertains to property division in cases where a marriage is declared null and void, addressing specific legal requirements and considerations unique to such cases. Note: It is essential to consult with a qualified family law attorney to ensure compliance with Connecticut laws and receive appropriate legal guidance throughout the drafting process.
Connecticut Checklist of Matters to be Considered in Drafting an Agreement for Division or Restoration of Property in Connection with a Proceeding for Annulment of a Marriage
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Grounds for an Annulment in Connecticut The spouses are closely related (legally known as "consanguinity," or a blood relationship, or "affinity," meaning a close family relationship). No person can marry a parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent, or stepchild.
(b) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a spouse, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other spouse, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment ...
In Connecticut, all property owned by either spouse, including property acquired prior to marriage, is considered within the jurisdiction of the family court to divide and distribute in a manner the court deems fair, although the division is not necessarily equal.
The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable.
The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.
Under Connecticut General Statutes Section 46b-84, in determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the respective: age. health. station.
In Connecticut, a court's decree of separation serves the same essential legal function as a divorce order. The biggest difference between legal separation and divorce in Connecticut is that in the case of a separation, a couple remains married and cannot remarry without divorcing first.
(c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred: (1) The marriage has broken down irretrievably; (2) the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months ...