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.
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:
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.
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:
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.
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.