A premarital or prenuptial agreement is a legal document entered into by people about to enter marriage in an attempt to resolve issues of support, distribution of wealth and division of assets in the event of the death of either party or the failure of the marriage resulting in separation or divorce. This makes sense for those entering a second marriage or those who own a family business or have substantial assets. Our Family Law Practice Group has assisted numerous spouses-to-be in the drafting of premarital agreements to protect everyone’s interests.
The Connecticut General Statutes set forth specific rules as to what provisions premarital agreements may contain and what rights may not be waived in a premarital agreement. For example, one can contract to eliminate or preclude any type of alimony award, but one cannot “adversely affect” the right of a child to support. Have questions as to what you may do in a premarital agreement? Call now and set up a consultation.
Not all premarital agreements are enforceable under Connecticut law. The Connecticut General Statutes and case law set forth standards by which the courts shall determine if a premarital agreement shall be enforced. Generally speaking, to be enforceable, the following must be the case: (1) the agreement must be entered into voluntarily; (2) the agreement must not be unconscionable when executed or when enforcement is sought; (3) Both parties must have been provided a fair and reasonable disclosure of assets prior to signing the agreement; and (4) Both parties must be afforded a reasonable opportunity to review the agreement with an attorney prior to signing the agreement.
Our Family Law Practice Group is well versed in the provisions of law governing the drafting and enforceability of premarital agreements. Although enforceability can never be guaranteed, often the difference between an enforceable premarital agreement and an unenforceable one is found in the drafting. Do not risk it on your own. Get our knowledge working for you. Call for a consultation now.