If considering divorce in Connecticut, it is essential to review any prenuptial agreement you had in place. Couples with high assets frequently use these to protect their property if their marriage ends. Depending on your situation, you may be hoping it is watertight or praying it isn’t. The critical thing to know is that you can sometimes challenge a prenuptial agreement.
These are some reasons you or your spouse could contest your contract:
- Signing issues: Verbal agreements are worth nothing. There must be a document signed by both parties before you got married.
- Coercion: While it may be hard to prove, if you were forced to sign the document, you can try to dispute it. The same applies if you were rushed and not given enough time to think it over.
- Lack of counsel: Each party must have an attorney to represent them when signing an agreement. A court could overturn the prenuptial if only one attorney was present.
- Illegal clauses: Your prenuptial cannot contain certain things such as child support, child custody and alimony. It is up to the court to determine them if you divorce.
- Inaccurate or incomplete information: Both potential spouses must disclose all assets and debts to sign a prenuptial. Failing to do so could render the agreement valid.
- Nonfinancial issues: Prenuptials can only cover finances. Anything else is irrelevant and will not stand up in court.
Unconscionable clauses: Prenuptials that are too one-sided could be overruled by a court, especially if they cause financial hardship to one of you.
A Connecticut family law attorney can review your prenuptial agreement and advise you how it will affect your divorce.