Many issues that can arise between spouses may be resolved through marital agreements. These are enforceable contracts that spouses enter into before a situation develops or in response to changing circumstances.
The time and money invested in a marital agreement are usually well spent. A valid agreement can set realistic expectations in the event of a separation or divorce and ease the property division process. If you and your fiancé or spouse are considering a marital agreement, both parties should have independent legal counsel.
A New Canaan marital agreements lawyer can listen to your goals and draft a document that meets your needs. They can also review an agreement drafted by another firm to ensure it is enforceable and you understand its ramifications. Call our law office today to schedule a meeting with a hardworking family attorney.
Marital agreements allow a couple to anticipate an issue and decide how to resolve it together. Later, if the problem arises, the couple can follow their agreement and manage the situation without being overinfluenced by emotions.
It is wise to consult a New Canaan lawyer before entering into a marital agreement, as these documents must meet specific legal requirements to be enforceable.
A prenuptial agreement (prenup) is negotiated and signed before the marriage, but it takes effect when the couple marries. Connecticut law does not distinguish marital property from separate property. Because of this, spouses who wish to keep some of their property separate should consider a prenup.
Additionally, prenups can describe how the couple will divide their property if they divorce and set expectations surrounding alimony rights.
Postnuptial agreements are versatile documents that can serve various purposes, depending on the couple’s situation. When spouses have a prenup that is no longer fair or appropriate, they can make a postnuptial agreement that supersedes it. Other couples make a postnuptial agreement in response to marital misconduct or to ensure the care of a vulnerable loved one.
Couples living apart should have a written separation agreement that designates the following:
If the couple ends the marriage, the separation document can be the template for a divorce settlement agreement.
A marital agreement must be in writing and signed by the parties. Oral agreements are not enforceable, and both spouses must provide accurate financial disclosures before signing.
Each person must have entered into the contract willingly and without undue pressure from the other. When one spouse asserts they were pressured or coerced to sign the agreement, courts will look to the surrounding circumstances. For example, if a prenup was not presented until shortly before the wedding, a court could find there was unreasonable pressure to sign.
Similarly, both parties must have a reasonable opportunity to get independent legal advice. Reasonable opportunity means they must have time to locate an attorney and present the document for review before signing.
If a lawyer recommends changes but the spouse requesting the review signs the agreement as is, they have had the opportunity to get legal advice—a voluntary decision to ignore it does not render the agreement unenforceable.
Connecticut General Statutes § 46b-36g describes the legal requirements for the enforceability of prenuptial agreements. The law states that an agreement is not enforceable if it is unconscionable when made or at the time of enforcement. Courts may also apply this principle to postnuptial and separation agreements.
Unconscionability means an agreement is so unfair or one-sided that it shocks the conscience. Marital agreements are rarely perfectly equitable; one side usually gives up a right in return for something else, and the bargain may favor one spouse over the other. However, if the agreement leaves one spouse in a comfortable position and the other struggling, a court may examine it for unconscionability.
When representing a client in the breakdown of a marriage, a New Canaan attorney will review any marital agreements and analyze their enforceability. When the document is vulnerable to a challenge, the lawyer can prepare a strategy to achieve the spouse’s goals in the divorce.
A comprehensive and appropriately executed marital agreement can help spouses throughout their relationship and make divorce much more manageable. However, a couple must ensure it meets all legal requirements and will withstand judicial scrutiny if they choose to end their marriage.
Consider working with a New Canaan marital agreements lawyer to ensure your document will function as anticipated. Contact our law office today.
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