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Premarital Agreements

Premarital Agreements

Bridgeport Premarital Agreements Attorneys Offer Litigation Support

Skilled lawyers litigate the enforceability of prenuptial agreements and postnuptial agreements

When you were thinking about getting married, it was easy to get so swept up in the romance of the occasion that you don’t take a hard look at the long-term financial implications. At MeehanLaw, LLC, we know that prenuptial agreements were once fairly rare and mostly the domain of the rich and famous. But, over the decades, these contracts have become common practices and commonsense solutions, especially for two-career couples and people who were previously married. In cases where a prior prenuptial or postnuptial agreement is now unfairly impacting the financial resolution of your divorce case it is important to consult with attorneys experienced in litigating the enforceability of these agreements.

How Connecticut handles prenuptial and postnuptial agreements

Under Connecticut law, a prenuptial or postnuptial agreement is a contract between two persons who intend to marry, defining  personal rights and responsibilities with respect to one another. The marriage provides consideration to make the contract binding. Connecticut law allows such agreements to cover numerous topics, including:

  • Rights to property they own separately or together
  • The disposition of property if they dissolve their marriage or any other substantial change occurs
  • The modification or elimination of spousal support
  • Whether a will or trust should be drawn up to carry out provisions of the agreement
  • Death benefits
  • Rights under retirement plans

Parties cannot make any provisions that would deny child support benefits to children of the marriage.

The parties can amend a prenuptial agreement at any time by mutual consent and can supersede it by executing a postnuptial agreement. One of our knowledgeable family law attorneys can advise you on the special legal issues that arise in seeking to modify an existing prenup or postnup.

How to enforce a prenuptial or postnuptial agreement

Under Connecticut law, an agreement is valid if it was made voluntarily and is fair. Parties hoping to break a prenup or postnup during a divorce must prove the contract is not enforceable for one or more of these reasons:

  • The agreement was not entered into voluntarily but was the product of coercion, compulsion, intimidation, emotional manipulation or fraud.
  • The agreement was unconscionable at the time it was made or is at the present moment.
  • The other party did not disclose “the amount, character and value of property, financial obligations and income.”
  • The vulnerable party was not given “a reasonable opportunity to consult with independent counsel.”

A court can also void a marital agreement in part. For example, if a clause eliminating spousal support would force a dependent spouse onto public assistance, the court can nullify that section and order alimony.

To ensure your prenuptial agreement is enforceable, it’s important to negotiate and execute the contract well in advance of the wedding. Each party should make a full disclosure of all finances and be represented by their own lawyers.

Contact a dedicated premarital agreement attorney in Bridgeport

MeehanLaw, LLC represents Bridgeport residents in litigating the enforceability of prenuptial agreements and postnuptial agreements. To get trustworthy advice and solid legal assistance, call 203-916-1743 or contact us online to schedule a consultation at our Bridgeport office.

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  • Bridgeport Office
    76 Lyon Terrace
    Bridgeport, Connecticut 06604
    Phone: 203-333-1888
    Fax: 203-331-0107
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    29 East Main Street
    Westport, Connecticut 06880
    Phone: 203-635-4688