A prenuptial agreement is a legally enforceable contract. Both fiancés must approach it seriously and understand exactly what they gain and what they give up by signing.
Our experienced prenuptial agreements attorneys understand prenuptial agreement rights in Fairfield. They can help you negotiate and draft an agreement, or review one someone else drafted before you sign it.
Fiancés have the right to disclosure of each other‘s income, assets, and liabilities. Connecticut General Statutes §46b-36g describes the necessary disclosure as reasonable and fair.
Many couples prepare sworn financial affidavits to ensure full disclosure. While the state does not require a sworn affidavit, it may serve as evidence that one spouse provided complete and accurate information if the agreement is later challenged.
Both parties must have the opportunity to review the other’s disclosure, ask questions, and request supporting documentation. An attorney in Fairfield can help a fiancé prepare their own prenuptial disclosure, analyze their fiancé’s disclosure, and highlight topics that require support or clarification.
Both parties to a prenuptial agreement have the right to opt to have their document reviewed by an independent attorney. A failure to seek legal counsel will not invalidate the agreement if the fiancé had the means and opportunity to secure independent legal advice and chose not to exercise it.
However, a judge may scrutinize the agreement if one party has a stronger understanding of legal and financial matters and the other did not obtain legal advice. When the terms heavily favor the more knowledgeable spouse and the other party did not have an independent attorney review the agreement, a court may find that consent was not given. Consent is not valid when a party lacks a full understanding of its implications.
When a party is a financial or legal professional, a court might not raise concerns if they do not engage independent legal counsel. However, the most prudent decision is always to seek an independent review of the financial disclosure and agreement from a Fairfield attorney before signing a prenup.
A prenuptial agreement is valid only if both parties signed it voluntarily. Financial disclosure and the opportunity for independent legal review help ensure that each party has the information necessary to make an informed decision.
When a spouse challenges a prenuptial agreement, a judge is likely to review the timing. If serious discussions about the agreement did not occur until the wedding date was imminent, a spouse could feel pressure to sign the agreement. Similarly, if one spouse suggests that the wedding will not go forward if the agreement is not signed, a court might find that consent was coerced.
Working with a capable attorney can alleviate concerns about undue pressure or coercion to sign a prenup. An experienced legal professional in Fairfield will help ensure that both parties respect each other’s positions and rights and allow time for a fair consideration of the prenup agreement.
A prenuptial agreement can be an invaluable tool for couples wanting to establish financial expectations before they get married. However, they can be used intentionally or unintentionally to take advantage, manipulate, or exploit.
Contact our attorneys early in the process to ensure your interests are protected from the start and your agreement reflects a fair, informed choice for both parties.
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