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Premarital Agreements

Westport Premarital Agreement Attorneys Offer Litigation Support

Responsive Connecticut counselors provide practical solutions to your concerns

If you’re planning to get married, you’re no doubt following your heart, but that doesn’t mean you should act without considering the consequences. There are practical considerations that can make or break a marriage, and many of these are related to finances. To start your marriage off on the right foot, you need to have clarity on such matters and a plan that protects you if things go awry. One very effective tool is a prenuptial or postnuptial agreement. These contracts are increasingly viewed as essential, especially for parties who’ve been married before, for two-career couples, or for any persons who have assets and debts they’re bringing to the marriage.

At MeehanLaw, LLC  in Westport, we are experienced in litigating the enforceability of prenuptial and postnuptial agreements that unfairly impact the financial resolution of our clients’ divorce cases. You can trust us to fight diligently to preserve your rights.

How prenuptial and postnuptial agreements work in Connecticut

Connecticut family law treats a premarital agreement as a contract and will enforce its terms as long as the agreement is:

  • Voluntary — Each party entered the agreement willingly without coercion, compulsion, intimidation, emotional manipulation or fraud.
  • Fair — The agreement need not be perfectly balanced, but as long as the agreement was not “unconscionable” at the time it was made or at the time a party wants to have it enforced, the court will not invalidate it.
  • Includes full disclosure — Before execution of the agreement, the party who wants it enforced made a full financial disclosure to the other regarding all property and income.
  • Offers an opportunity to consult legal counsel — The agreement is valid if the objecting party had a reasonable opportunity to consult with independent counsel, even if that party declined to do so.

A premarital agreement becomes legally binding once the marriage takes place. Couples can modify a prenup after marriage or execute a postmarital agreement, but special legal issues must be addressed to make the modified or new agreement enforceable.

What can a Connecticut prenuptial agreement cover?

Prenups can cover a wide variety of issues, as touching on any of the spouses’ “personal rights and obligations” toward each other. The most common issues Connecticut marital agreements cover are:

  • Rights to separate and marital property
  • Management and control of property
  • Division of property in the event of divorce or separation, death or some other event
  • Alimony in the event of divorce or separation
  • Whether to have a will or trust to implement terms of the marital contract
  • Life insurance death benefits
  • Rights under retirement plans

A provision eliminating alimony may not be valid if enforcement would require a dependent spouse to go on public assistance. The court can void that section of the agreement but enforce other provisions.

Parents cannot execute an agreement that would deprive their children of reasonable support from one of the parents. However, they can agree on levels of child support to cover items such as private school tuition, extracurricular activities, sports and travel teams, and other expenses that the law would not necessarily require.

Contact a knowledgeable premarital agreements attorney in Westport

MeehanLaw, LLC represents Westport residents in litigating the enforceability of prenuptial 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 Westport office.

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